Paaris and Another v. Bridget Fernando – sllr 1992 volume 1 page 036

In the case between Botalage Julius Fernando (deceased, represented by his daughter) and the defendants-appellants (occupants of the premises), the court addressed whether a deceased plaintiff’s representative could proceed with a personal action under Section 404 of the Civil Procedure Code. It was held that the requirements for substitution had been satisfied and that the substitution by the District Judge was proper. The legal reasoning distinguished between Sections 404 and 392, confirming that devolution of interests under Section 404 permits such substitution, irrespective of Section 392’s provisions concerning the survival of a cause of action. The outcome reaffirmed the principle that procedural substitution is proper where statutory requirements are met, and leave to appeal was ac