Sabaragamuwa Maha Saman Devalaya vs N.K. Premasiri – CA NO. 659/98 F -2013

In the case between Hon. Anton Tennakoon Basnayaka Nilame, Sabaragamuwa Maha Saman Devalaya, Rathnapura (Appellant) and N.K. Premasiri (and others), Rathnapura (Respondents), the court addressed whether an appeal (C.A. NO. 659/98(F)) should proceed when both the plaintiff-appellant and a key defendant-respondent (4A) had deceased and no representation appeared for the heirs of the plaintiff-appellant. It was held that, due to the death of material parties and lack of representation for the appellant’s heirs, the appeal must abate. The determination reaffirmed the principle that appellate proceedings cannot continue in the absence of interested parties or appropriate legal representatives. This relied upon procedural requirements for maintaining actions in appellate courts and underscores t