Bulathsinhala Appuhamilage Don Sunil Gunarathne vs Hapuhannadige Lan Chandradasa Fernando – CA 1112/2000 F -2013

In the dispute between Bulathsinhala Appuhamilage Don Sunil Gunarathne (plaintiff-respondent) and Hapuhannadige Lan Chandradasa Fernando (defendant-appellant), the court dealt with the posthumous substitution of parties following the defendant’s death. It was determined that substitution is permissible where the proposed party sufficiently establishes eligibility through documentary proof and consent from other heirs. This approach reaffirmed that party substitution is governed by relevant statutory requirements regarding succession and procedural fairness. Upon successful substitution, it was held that the substituted appellant’s right to withdraw the appeal prevailed, resulting in dismissal and restoration of the record to the District Court, ensuring procedural finality in cases where a