Samarakoon Mudiyanselage Malhami Samarakoon vs Dugganna Mudiynselage Sarath Premathilaka – CA 975/00 F -2013

The case between Samarakoon Mudiyanselage Malhami Samarakoon (Plaintiff Appellant) and Dugganna Mudiynselage Sarath Premathilaka (Defendant Respondent) addressed whether an appeal could proceed following the Appellant’s death in the absence of a substitution application by the Appellant’s heirs. It was held that failure by the Appellant’s heirs to file substitution papers or act diligently in prosecuting the appeal constituted grounds for dismissal. The principle reaffirmed was that procedural requirements governing party substitution upon a litigant’s death must be adhered to for continuation of appellate proceedings. This decision applied established procedural rules, underscoring that neglecting such requirements would result in the dismissal of the appeal without an order for costs.

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