Jayaratne v. Rev. Gunarathana Thero – sllr 2002 volume 2 page 036

In the case between Jayaratne (plaintiff-respondent) and Rev. Gunarathana Thero (defendant-appellant), the court addressed whether an action to establish personal rights to an ecclesiastical office abates following the plaintiff’s disrobing, which is treated as ecclesiastical demise, and whether any subsequent proceedings after such disrobing are valid under section 392 of the Civil Procedure Code. It was held that, upon proof of disrobing before delivery of judgment, the action abates, and any continuation of proceedings is without jurisdiction and amounts to illegality. The judgment delivered after the plaintiff’s disrobing was set aside, reaffirming the principle that actions based on personal rights to office cannot proceed if the party seeking such declaration ceases to have the requi