D.M.G. Piyadasa vs H.M. Paligu Manike – CA 711/1998-2012

The case between D.M.G. Piyadasa and H.M. Paligu Manike concerned the procedure for the continuation of legal proceedings following the appellant’s death. The court determined that, due to the absence of both parties at the hearing and the failure to substitute the heirs of the deceased appellant, the appropriate procedural step was to return the case record to the District Court of Matale in accordance with Section 402 of the Civil Procedure Code. The appeal proceedings in the Court of Appeal were thus terminated. This decision reaffirmed the principle that strict compliance with procedural requirements—including substitution of parties upon death—is essential for the proper conduct and continuation of civil litigation, highlighting the necessity for parties to actively pursue such steps