Kabiliyapola Liyanage Adwin vs Kabiliyapola Liyanage Heen Appu – CA 1306/98 F-2013

The case between Kabiliyapola Liyanage Heen Appu (Plaintiff-Respondent) and Kabiliyapola Liyanage Adwin (Defendant-Appellant) addressed whether an appeal could proceed in circumstances where the appellant was deceased for ten years and neither the appellant nor his registered attorney responded to court notices. It was held that the appeal could not be maintained under such circumstances, reaffirming the legal requirement for representation of a deceased party in appellate proceedings. This determination was made relying on principles of civil procedure concerning party representation and abatement, emphasizing the necessity for procedural compliance in appeals and granting latitude for the appellant’s heirs to apply to be substituted if they choose.

K.T. Chitrasiri J. — It was determine