B.M. Lakshman Kumarasiri vs Kankanamalage Nirseeli Alias Kamani Nirseeli – CA NO.665/99-2013

In the case between B.M. Lakshman Kumarasiri, Abaya Gunawardana Arachchilage Albert (appellants), and Kankanamalage Nirseeli alias Kamani Nirseeli Premarathna (respondent), the court addressed whether an appeal could be maintained in circumstances where no procedural action was taken following the death of a party and the appellants were both absent and unrepresented. It was held that the appeal stands abated, underscoring the procedural requirement that necessary steps must be taken with respect to deceased parties for an appeal to be sustained. This determination is anchored in the principle that appellate jurisdiction requires diligent prosecution and procedural compliance, with failure resulting in abatement of the appeal.

A.W.A.Salam J. — The findings established that the matter was