Pinnawala Dewalayage Gunapala vs Olga Eeneed Suraweera – CA 66/98 F -2013

In the case between Olga Eeneed Suraweera (Plaintiff-Respondent) and Pinnawala Dewalayage Gunapala (Defendant-Appellant), the Court addressed whether the appeal should continue following the death of the Plaintiff-Respondent when the Defendant-Appellants had failed to file substitution papers for the legal heirs. It was held that the appeal must be abated owing to the Appellants’ repeated failures to take procedural steps for substitution, and the absence of prosecution demonstrated a lack of diligence in continuing the appeal. The principle affirmed is that an appeal cannot proceed without substitution of parties where required, especially when prompted by the death of a key party. Reliance was placed on the relevant procedure outlined in the law governing appeals and civil litigation, wi