Bandula Keerthi Alahapperuma vs Commissioner of Sabaragamuwa Province – CA PHC 274/2006-2013

In the case between Bandula Keerthi Alahapperuma, Provincial Council, Embilipitiya (Appellant) and Commissioner of Sabaragamuwa Province, Sabaragamuwa (Respondent), the court addressed the issue of whether an appeal can proceed following the appellant’s death when no steps have been taken by any interested party for substitution. It was held that, as no application was made to substitute or regularize the proceedings after notice of the appellant’s death, the appeal abates. The principle reaffirmed is that, under civil appellate procedure, abatement is automatic if necessary substitution is not effected upon the death of a party, ensuring procedural regularity and finality. The decision was based on established rules regarding abatement and party substitution, emphasizing the need for time