Wickramasinghe Mudiyanselage Bissomenike vs People’s Bank – CA NO. 581/99-2014

In the case between Wickramasinghe Mudiyanselage Bissomenike (Plaintiff, deceased, represented by legal representatives) and People’s Bank, Colombo, the court addressed whether the appeal by People’s Bank could be maintained in view of the death of the Plaintiff-Respondent and the subsequent failure by the Defendant-Appellant to effect timely substitution. It was held that the Defendant-Appellant failed to demonstrate due diligence in prosecuting the appeal, resulting in the abatement of the appeal. The decision reiterates that parties seeking to continue proceedings after the death of a party must act promptly and with due diligence, aligning with established procedural obligations concerning the substitution of deceased litigants.

H.N.J. Perera J. — Over multiple dates, time was grante