B.D. Nikalas Perera vs Siththi Maraliya – CA PPEAL NO.1408/99-2013

In the case between B.D. Nikalas Perera (Plaintiff/Appellant) and Siththi Maraliya (Defendant/Appellant), the court addressed whether an appeal could proceed after the death of the appellant when notice to the heirs was refused. It was held that the failure to take requisite steps following the refusal by the heirs to accept notice results in abatement of the appeal. The principle reaffirmed is that proper succession steps are mandatory for further prosecution of an appeal after the death of a party, and non-compliance renders the appeal abated. The decision is grounded in procedural law, emphasizing the importance of adhering to the prescribed processes upon the death of a litigant in order to avoid abatement.

A.W.A.Salam J. — Following the death of the appellant, notices sent to the h