Kahaduwa Kankanamge Wickramapala vs Margret Wickramanayake – CA 1216/98 F -2013

The case between Kahaduwa Kankanamge Wickramapala (Plaintiff-Appellant) and Margret Wickramanayake, Victor Wickramanayake, Hewagamage Kulasena, Indrasena Withanarachchi, and Amarasiri Wickramanayake (Defendant-Respondents) concerned the issue whether an appeal in a partition action could proceed when both parties and their registered attorneys were deceased or could not be served. It was determined that continuation of the appeal was not possible due to the death of all concerned parties and unavailability of their legal representatives. The appeal was formally abated, reaffirming the principle that legal proceedings cannot continue where all necessary parties and their representation are unavailable. The decision emphasized the procedural requirement that for an appeal to be argued, livin