Abdul Rahman Muhammad Mimthaz vs Shahabdeen Lebbe Amina Umma et al. – CA NO. 1012/1998-2014

In the case between Abdul Rahman Muhammad Mimthaz and several others (Petitioners) and Seiadeen Lebbe Mohomed Husen (6th Defendant-Appellant) among other defendants, the court addressed the issue of whether two appeals—C.A. No. 1012/98(F) and C.A. No. 1013/98(F)—should proceed in light of the parties’ failure to substitute the heirs of deceased litigants. It was held that both appeals should abate due to want of prosecution, reaffirming the principle that substitution of parties following the death of litigants is a necessary procedural requirement for the continuation of an appeal. The decision relied on procedural law concerning party substitution, emphasizing that undue delay constitutes lack of diligent prosecution, warranting abatement of appeals.

K.T. Chitrasiri J. — It was determi