Bandara vs Ukku Amma – CA 224/2000 F-2013

In the case between R.M. Ukku Amma (W. Manike), “Vijaya Niwasa”, Gelioya (Plaintiff-Respondent) and H.A. Lal Bandara & K.D. Manike, Paradeka, Selwakanda, Paradeka (Defendant-Appellants), the court addressed whether the appeal filed by the Defendant-Appellants should be abated due to their failure to take procedural steps following the death of the Plaintiff-Respondent. It was held that the appeal should be abated for non-prosecution, reaffirming the procedural principle that timely action to regularize proceedings upon a party’s death is mandatory for continuation of the appeal process. The decision relied on procedural rules regarding substitution and abatement, emphasizing the necessity for parties to comply with court-directed steps to preserve their appeal rights.

A.W.A. Salam J. — T