Ranapala Abesiri Samarasekara vs Martin Manamperi Gunawardana – CA PHC 74/2002-2002

In the case between Ranapala Abesiri Samarasekara (Appellant) and Martin Manamperi Gunawardana (Respondent), the court addressed whether an appeal could proceed following the death of the appellant when substitution papers had not been filed as directed. It was held that, due to the failure to file the necessary substitution papers after the appellant’s death, the appeal stood abated for lack of prosecution, thus formally terminating the proceeding. The decision reaffirmed the principle that timely procedural compliance is essential in appellate practice, and emphasized that failure to act upon directions regarding substitution after a party’s death warrants abatement of the appeal.

Sisira de Abrew J. — Following the death of the appellant, counsel was permitted additional time on 03-08-