Anton Tennekoon Basnayake Nilime vs N.K Premasiri – CA APPEAL NO. 660/98-2012

The case between Anton Tennekoon Basnayake Nilame, Maha Saman Devalaya, Rathnapura (Plaintiff-Appellant) and N.K. Premasiri (Assistant Government Agent and Acquiring Officer, Kachcheriya, Rathnapura) and others (Defendant-Respondents) concerned the procedural consequence of the death of the plaintiff-appellant during the pendency of a civil appeal. It was determined that, upon the notification of the plaintiff-appellant’s death and the failure of any party to make an application for substitution under Section 402 of the Civil Procedure Code, the original case record should be transmitted to the District Court for further appropriate action, and the proceedings in the Court of Appeal should be formally brought to an end. This holding reaffirmed the procedural principle that, in the absence