Thalpawela Vidana Kankanamge Charis vs Balamanage Cyril Wimalaratne – CA NO: 908/97 F -2014

In the case between Thalpawela Vidana Kankanamge Charis (Plaintiff) and Balamanage Cyril Wimalaratne, Samaraweera Liyana Arachchige Arnolohamy, and others (Defendants), the court addressed the issue of whether the appeal should be abated due to the 9th defendant-appellant’s failure to file substitution papers for the deceased 2nd and 6th defendant-respondents despite repeated opportunities. It was held that the appeal must be abated, reaffirming the principle that procedural timelines for substitution upon the death of a party are to be strictly observed. Reliance was placed on established rules regarding timely substitution, emphasizing that continued non-compliance bars further prosecution of the appeal.

K.T. Chitrasiri J. — The findings established that the counsel for the 9th defenda