Kulasiri Senaratne Jayasinghe vs. Premalatha Weerakkody – CA APPEAL NO.1470/2002-2002

The case between Premalatha Weerakkody (Substituted Plaintiff-Respondent) and Althuge Charlis and Others (Defendant-Respondents) addressed whether an appeal should abate due to procedural delays and the death of a substituted Appellant, as well as whether the Petitioner seeking substitution had legal standing. The holding permitted substitution of parties in the appeal, emphasizing that judicial discretion should be exercised to ensure substantive justice over rigid procedural defaults. This decision relied on Section 760A of the Civil Procedure Code and the absence of specific procedural rules, underscoring that the court’s discretion may be used to avoid injustice occasioned by unforeseen events disrupting appellate proceedings.

A.H.M.D. Nawaz J. — The findings established that, despit