Kankani Arachchige Piyasena vs Rev.Kolmas Edwed Godwin Weerasooriya – CA 1206/98-2013

The case between Rev. Kolmas Edwed Godwin Weerasooriya and Kankani Arachchige Piyasena Paththini Gewatte addressed whether an appeal by the defendant-appellant could be continued following the appellant’s death, considering that no action was taken to substitute the deceased’s heirs. It was held that the appeal must abate due to the failure to substitute parties, reaffirming the principle that an appeal cannot proceed without proper substitution of legal representatives in the event of a party’s death. This decision relied on procedural rules governing abatement of proceedings, emphasizing that effective participation by appropriate parties is essential for the prosecution of an appeal when an original party is deceased.

K.T. Chitrasiri, J. — It was determined that, upon confirmation o