Walimuni Tecla Princy vs Walimuni Misilin Silva – CA NO. 626/98 F -2013

In the case between Walimuni Tecla Princy (substituted plaintiff) and Walimuni Misilin Silva, Walimuni Yasilin Silva, and others (defendant-respondents/appellants), the court addressed whether the pending appeals could proceed after the deaths of various parties and the failure to undertake necessary substitutions. It was held that, due to the appellants’ prolonged failure to file substitution papers despite multiple opportunities, the appeal must be abated, thereby allowing the existing judgment to stand. This outcome affirms the principle that parties seeking to pursue an appeal must act with diligence, particularly in cases involving the substitution of deceased parties, to avoid the appeal’s abatement. The determination was based on the procedural requirements established in civil appe