Vagachchige Jemis vs Dani Liyana Pathirana – CA NO. 715/98-2013

The case between Dani Liyana Pathirana (plaintiff/respondent) and Vagachchige Jemis (3rd defendant/appellant) addressed the issue of whether an appeal could proceed following the death of several parties and the appellant’s failure to substitute their heirs. It was determined that, due to the absence of necessary substitution and non-appearance of the appellant or their attorney, the appeal could not lawfully be advanced. The existing proceedings were accordingly abated, reaffirming the principle that the timely substitution of heirs is a procedural prerequisite for the continuation of an appeal. This decision relied on established procedural rules to ensure the regularity of appellate proceedings, emphasizing that the failure to undertake requisite procedural steps results in the terminat