Anula Senevitathna vs Wilbet Wimalasooriya – CA 23/2000 F -2013

The case between Anula Senevitathna (Plaintiff/Appellant) and Wilbet Wimalasooriya and others (Defendant/Respondent) addressed the issue of whether an appeal can proceed following the death of the Appellant in the absence of any steps taken by the heirs to substitute themselves as parties. It was held that in circumstances where the death of an appellant is established and no legal heirs have moved to substitute themselves in the appeal proceeding, the appeal abates and must be terminated. This determination reaffirmed the principle that appeals are subject to abatement upon the death of a necessary party when statutory substitution does not occur. The decision underscored procedural adherence as mandated by the relevant civil procedure rules, emphasizing that proceedings cannot continue i