Wijithananda Samarajeewa Herath vs Athula Herath Randeni – CA NO. 1183/2000-2013

In the case between Wijithananda Samarajeewa Herath (Defendant-Appellant) and Athula Herath Randeni (Complainant-Respondent), the court addressed the issue of the viability of an appeal following the death of the Defendant-Appellant and the failure of his heirs to pursue substitution or prosecution of the appeal. It was determined that, as no steps had been taken by the Defendant-Appellant’s heirs, the appeal could not proceed. The principle that due diligence and procedural compliance are required for continuation of legal proceedings was reaffirmed. This decision aligned with procedural statutes governing appellate practice, underscoring that disregard for procedural requirements—such as timely substitution following a party’s death—will result in dismissal of the appeal without costs.