Don Simon Wanigaratne vs Vinifred Calendra Gunatillake – CA 1249/98-2014

In the case between Vinifred Calendra Gunatillake and Don Simon Wanigaratne (along with other parties), the court addressed whether an appeal by the Defendant-Appellants could proceed in the absence of substitution for the deceased 9th Defendant-Respondent, as required under procedural rules. It was held that, owing to the failure to file substitution papers despite repeated opportunities, and in light of counsel’s indication of lacking instructions, the appeal was not prosecuted diligently and was therefore abated. This ruling emphasized adherence to procedural requirements regarding party substitution in appellate proceedings and reinforced the principle that failure to comply with such procedural mandates can operate to conclusively terminate an appeal.

K.T. Chitrasiri, J. — It was de