Nimal Dhammika Jayaweera vs. Margaret Lokubadusuriya et al. – SC APPEAL NO. 45/2013-2023

In the case between Nimal Dhammika Jayaweera (Plaintiff) and T. M. Nandasiri (deceased, with several substituted respondents), the court addressed whether a judgment delivered after the death of the original defendant—before proper substitution—was legally valid or constituted a nullity. It was determined that such a judgment is void, reaffirming the principle that proceedings abate upon a party’s death if no substitution occurs, and any subsequent judgment is a nullity. Reliance was placed on the Civil Procedure Code and section 5 of the High Court of the Provinces (Special Provisions) Act No. 54 of 2006, emphasizing that the proper procedural step is to substitute the deceased party and then re-pronounce the judgment to ensure both enforceability and the right of appeal.

Buwaneka Aluwih