Hadapangodage Layanal Gunarathna vs Sarath Gamini Hadapangoda – CA 1264/99 F -2013

The case between Hadapangodage Layanal Gunarathna (Appellant) and Sarath Gamini Hadapangoda (Respondent) involved the issue of whether an appeal could continue after the death of the appellant, given the procedural requirement for substitution by legal heirs. It was held that in the absence of necessary steps taken by the legal heirs to substitute for the deceased appellant, the appeal could not be maintained and must be abated. The principles reaffirmed include the procedural necessity for proper substitution under applicable civil procedure rules when a party dies pending appeal. Emphasis was placed on ensuring that appeals are prosecuted by proper parties, and that failure to do so results in abatement.

A.W.A. Salam J. — The findings established that the appellant died during the proc