P. Martin and P. Albert vs Wimala Manamperi – CA NO. 929/2000-2013

The case between P. Martin and P. Albert (petitioners) and Wimala Manamperi (respondent) addressed the issue of whether an appeal can proceed after the death of the appellant when no steps have been taken to substitute the heirs in place of the deceased. It was determined that, following the death of the appellant and in the absence of any action to substitute a party, the appeal abated. The principle reaffirmed is that procedural compliance regarding substitution is essential for the continuation of appeals. The decision relied on procedural rules governing party substitution upon death, underscoring that failure to follow such procedure results in abatement and the closure of appellate proceedings.

Upaly Abeyrathne J. — Upon notification of the appellant’s death and observing that the