Dayarathne Hewage and Others vs Commercial Bank – CA 297/2000-2014

The case between Commercial Bank, Hingurakgoda Branch and Dayarathne Hewage and others addressed whether the appeal by the Defendant-Appellants should proceed following their failure to take necessary procedural steps for substitution after the death of one Appellant. It was determined that, despite time being granted, the Defendant-Appellants did not file required substitution papers or exhibit due diligence in prosecuting the appeal. The appeal was dismissed without costs and the record ordered to be returned to the District Court, reaffirming the principle that procedural compliance is mandatory for the continuation of appeals. This decision reflects the emphasis on procedural strictness in appellate matters and underscores the consequence of inaction by litigants in pursuing appellate