T.M.M. Bandula Tissa Herath vs B.M.M. Biso Manika Rathnayaka – CA PHC NO. 227/2006-2013

The case between T.M.M. Bandula Tissa Herath (Appellant) and B.M.M. Biso Manika Rathnayaka (Respondent) addressed the issue of whether an appeal under the Maintenance Act could continue following the death of the respondent during the pendency of the appeal. It was held that the appeal abated upon the respondent’s death, and no further action could be taken on the appeal. This decision reaffirmed the principle that proceedings abate when a party to a personal cause of action dies, unless expressly permitted by statute. The determination was guided by the application of procedural rules governing abatement, underscoring that no order was made on the merits of the original dispute once abatement was recorded.

A.W.A. Salam J. — It was determined, upon the respondent’s reported death during