Panapitiyage Chandrapala et al. vs Panapitiyage Don Babu Singho et al. – CA APPEAL NO.852/98F-2016

In the case between Panapitiyage Don Vijitha Kumara and others (Plaintiffs/Appellants) and P.D. Anura and others (Defendants/Respondents), the court addressed whether an application to vacate an order abating the appeal—entered following failure to substitute deceased parties within the stipulated period—should be allowed. It was determined that the application lacked merit due to the appellants’ unjustified and substantial delay both in securing substitution and in moving to vacate the abatement. The principle reaffirmed was that parties must act within a reasonable time even in the absence of an express statutory deadline. The decision relied on relevant Supreme Court precedent, emphasizing that procedural diligence is required and unexplained or lengthy delays defeat the purpose of liti