Adhikari Mudiyanselage Allis Appuhami vs Perumbuli Arachchige Wijesinghe – 1180/2000-2013

In the case between Adhikari Mudiyanselage Chandrapala (substituted for Adhikari Mudiyanselage Allis Appuhami) and Perumbuli Arachchige Wijesinghe, Herath Narasinghe Mudiyanselage Punchi Nona, Herath Narasinghe Mudiyanselage Punchi Hami, A.M Weerawardhana, A.M Obesena, A.M Piyadasa, A.M Muthu Manike, and others, the court addressed the issue of whether appellate proceedings may continue when the appellant fails to effect proper substitution for deceased respondents. It was held that persistent failure by the appellant to substitute the heirs of the deceased respondents constituted lack of diligent prosecution. The principle reaffirmed is that diligent prosecution and adherence to procedural requirements are mandatory for appellate review to proceed. Reliance was placed on established proce