Dolamulla Korala Kankanamge Leela Yasawathie vs Kimbiya Thalahitiyage Nicholas Ranasinghe – CA APPEAL NO.1251/98 F -2014

The case between Dolamulla Korala Kankanamge Leela Yasawathie (Plaintiff-Appellant) and Kimbiya Thalahitiyage Nicholas Ranasinghe (deceased) with 10 others (Defendant-Respondent-Respondents), along with Kimbiya Thalahitiyage Chamila Niroshani (Respondent), addressed the issue of whether an appeal could proceed in the absence of substitution of the deceased first defendant-respondent by his legal heir. The appeal was held to abate due to the impossibility of proper substitution, reaffirming the principle that appellate proceedings cannot continue without all necessary parties being properly before the court. The determination relied on principles of procedural law pertaining to substitution of parties, emphasizing that failure to substitute a deceased party undermines the fairness and legal