Simon and Another Vs Gunatilake and Another – sllr 2005 volume 1 page 249

In the case between Simon and Another (plaintiffs) and Gunatilake and Another (defendants), the court addressed the issue of whether petitioners could be legally substituted as legal representatives for a deceased judgment-debtor under section 341 of the Civil Procedure Code. It was held that individuals who intermeddle with or possess the deceased’s property may be deemed legal representatives, regardless of challenges to their asserted relationship with the deceased. The interpretation reaffirmed the principle that actual possession and acts of administration suffice for substitution under section 341(1). Reliance was placed on relevant statutory provisions and case law, including analogies drawn from the Indian Code, with the court stressing that proof of personal legal heirs is not a p