Halinka Lokuge Jayalakshman Perera vs OIC Police Station – CA PHC 10/2007-2013

The case between Halinka Lokuge Jayalakshman Perera (Appellant) and OIC, Police Station, Wellampitiya, and Ranasinghage Sriya Kodagoda (Respondents) concerned the continuation of appeal proceedings following the appellant’s death. The issue before the court was whether the appeal in C.A. (PHC) 10/2007 should proceed in light of the absence of steps to substitute a party for the deceased appellant. It was held that, as the appellant’s counsel indicated a lack of intent to continue the appeal and declined to regularize the caption, the appeal must abate. This decision reaffirmed the principle that legal proceedings abate where no substitution is made for a deceased party, in accordance with procedural requirements. The outcome underscored the necessity of party substitution for the continuat