Madadeniye Gedara Upananda vs Kumarapathi Vithanage Dona Chamari Janaki Perera – CA APPEAL NO. 1243/96 F-2011

The case between Kumarapathi Vithanage Dona Chamari Janaki Perera (Plaintiff) and Madadeniye Gedara Upananda (as substituted for the original 1st Defendant-Appellant M G Somawathie, deceased) alongside Maldeniyegedara Sundra (2nd Defendant-Appellant) concerned whether the order of abatement entered by the Court of Appeal—following prolonged non-prosecution after the death of the original 1st appellant—should be set aside. It was held that insufficient explanation was provided for the extensive delay and sustained inaction in proceeding with the appeal, reaffirming the principle that parties must prosecute appeals diligently and that ignorance of law or rights does not excuse delay. The decision relied on established procedural rules governing substitution and prosecution of appeals after a