Vithanage Seelani Perera vs Vithanage Kusumawathie Perera – SC HC CALA / 187 / 2016-2025

The court addressed the issue of whether sufficient diligence was exercised by the petitioners in filing and supporting substitution papers for deceased parties within ongoing partition proceedings. It was held that persistent delays and inadequacies in the submission of these documents, despite multiple extensions and explicit court directions, demonstrated a failure of due diligence. The holding reaffirmed that Section 81 of the Partition Law (as amended by Act No. 17 of 1997) governs substitution procedures both at the original trial and on appeal, placing responsibility on parties to comply with court instructions in a timely manner. The decision stressed the necessity for strict adherence to procedural requirements for substitution, indicating that default or negligence in this regard