Anton Thennakoon Basnayake Nilame vs N. J. Premasiri – CA NO. 662/98 F-2014

The case between Anton Thennakoon Basnayake Nilame, Sabaragamuwa Maha Saman Devalaya, Rathnapura (Plaintiff-Appellant) and N.J. Premasiri and others (Defendants-Respondents) concerned the issue whether an appeal could proceed when essential parties, including the Plaintiff-Appellant and the 5th Defendant-Respondent, were deceased and no legal representatives or interested parties were present before the court. It was determined that, in the absence of parties to represent the deceased Appellant’s interests, the appeal could not be entertained. The order was made to abate the appeal, establishing the principle that proceedings cannot continue where there is no party entitled or able to prosecute or contest the appeal. This decision underscores procedural fairness and finality in appellate p