Weerakoon vs Provincial Counsel – CA PHC 231/2009-2013

In the case between Wasantha Rasika Saman Weerakoon, Shantha Chals Weerakoon (substituted), and other petitioner-appellants (Party A) and the Provincial Council, Kuruwita, with other respondents (Party B), the court addressed the procedural issues of substituting a petitioner-appellant upon the death of the original party and the withdrawal of an appeal. It was held that substitution of Wasantha Rasika Saman Weerakoon in place of the deceased 2nd petitioner-appellant was allowed, and the appeal for the 1st, substituted 2A, and 3rd petitioner-appellants was dismissed subject to payment of taxed costs. The principle reaffirmed was that withdrawal of appeal may be granted upon such terms as to costs, even where respondents do not object. Statutory and procedural rules governing appellate proc