P. Charlie Fernando vs Colombo North Regional Transport Board – CA NO. 454/98-2013

Brief
In the matter of P. Charlie Fernando (represented by P. Sunil Fernando) versus Colombo North Regional Transport Board, the issue concerned whether an appeal should proceed after the death of the plaintiff-respondent, given the failure to substitute the heirs as required. It was held that due to non-compliance with the Court’s directions and the appellant’s lack of action to diligently prosecute the appeal, the proceedings were to be abated and terminated. The decision reaffirmed the principle that parties, particularly the appellant, must actively ensure the proper prosecution of an appeal, including compliance with substitution requirements after a party’s death. Reliance was placed on Rule 34 of the Supreme Court Rules, emphasizing that procedural non-compliance and lack of due dil