Kirindiwala Sumananda Thero Jayasumanaramaya v Balasin Pedige Juwani alias Dharmadasa and another – CA DCF/356/97-2021

In the case between Kirindiwala Sumananda Thero (Jayasumanaramaya, Delgoda) and Balasin Pedige Juwani alias Dharmadasa and others, the court addressed the issue of whether an abatement order entered due to the lack of substitution following the death of a party in an appeal from partition proceedings could be set aside and the appeal restored upon application by another heir after a substantial lapse of time. The court held that abatement, under section 81 of the Partition Law, is properly ordered when substitution of an heir has not occurred within the required timeframe and that the final decree and related proceedings preclude further interventions. It was determined that no legal right exists for an heir to subsequently seek substitution or reinstatement many years after abatement, rea