Panapitiyage Chandrapala and Others vs Panapitiyage Don Balusinyo and Others – CA 852/98 F -2013

The case between Panapitiyage Chandrapala and Others (Plaintiffs/Appellants) and Panapitiyage Don Balusinyo and Others (Defendants/Respondents) addressed whether the appeal should abate due to the failure to substitute deceased Defendant-Respondents during the appellate process. It was determined that non-compliance with procedural requirements for substitution, despite explicit directions by the Court, warranted abatement of the appeal. The holding reaffirmed that appellants must advance proceedings with due diligence and comply with statutory requirements regarding party substitution. Reference was made to procedural rules governing substitution and abatement, emphasizing the importance of compliance to avoid termination of the appeal process.

K.T. Chitrasiri J. — Consideration was giv