N.M. Karunasena vs Commissioner and Registrar of Co-operative Development – CA PHC 193/2007-2013

In the case between N.M. Karunasena, Pitawala, Lokahettiya (Appellant) and the Commissioner and Registrar of Co-operative Development, Kurunegala, and others (Respondents), the court examined the consequences of the appellant’s death during the pendency of an appeal and the procedural effect when no party moves to continue prosecution following such death. It was determined that, in the absence of steps taken by interested parties to prosecute the appeal after the notification and substantiation of the appellant’s death, the appeal stands abated. Nevertheless, the right remains with interested parties to seek restoration of the appeal, subject to judicial discretion. Directions were also provided for the Registrar to serve the decision on the notified kin of the deceased appellant, reflect