Kusumawathie v. Kanthi – SLR – 350 – sllr 2004 volume 1 page 350

In Kusumawathie v Kanthi, the issue concerned the substitution of the petitioner (Kusumawathie) in place of the deceased defendant-appellant during an appeal, opposed by the plaintiff-respondent (Kanthi) on the grounds of the petitioner’s alleged bigamous marriage. The court held that after the death of the petitioner’s first spouse, the impediment of bigamy was removed, permitting a presumption of a valid marriage for the purposes of substitution in the appellate process. This decision reaffirmed the principle that strict requirements for substitution applicable at the trial stage regarding inheritance rights do not extend to appellate proceedings. The judgment relied on the interpretation of Sections 760 and 760A of the Civil Procedure Code, Supreme Court Rule 38, and relevant case law i