Dona Rathwath Gamage Dangala vs Piyaseeli Sumanadasa – CA APPEAL NO.1319/2000-2013

In the case between Piyaseeli Sumanadasa (Before Marriage) / Piyaseeli Dahanayaka Yapa (Plaintiff-Respondent) and Dona Rathwath Gamage (Defendant-Appellant), the court addressed whether the Appellant’s failure to take steps for substitution after the death of the Plaintiff-Respondent warranted abatement of the appeal. It was held that, due to the Appellant’s lack of due diligence in effecting substitution despite multiple opportunities, the appeal must be abated. The principle reaffirmed is that an appellant who fails to act promptly for substitution following a party’s death risks abatement of proceedings. The decision relied on procedural requirements regarding substitution and underscores the necessity for parties to observe court directions and procedural timelines.

Upaly Abeyrathne J