Damme Arachchilage Ubayasena v. Pinwatththa Wedaralalage Wimalasekara – CA PHC NO.111/2006-2006

In the case between Pinwatththa Wedaralalage Wimalasekara (Appellant/1st Respondent-Petitioner) and Damme Arachchilage Ubayasena (Respondent/Petitioner-Respondent), the court considered whether substitution of parties was permissible on appeal under the Primary Court Procedure Act and the Civil Procedure Code after the death of a party whose personal participation was central to the proceedings. The court determined that substitution is not warranted where the cause of action is personal and does not survive death, particularly in applications concerning prevention of breach of peace under Section 66 of the Primary Court Procedure Act. Relying on relevant statutory provisions and case law, it was established that the purpose of these proceedings is extinguished with the death of the concer