Jayasinghe and Another Vs Pedris and Another – sllr 2005 volume 1 page 290

In Jayasinghe and Another v. Pedris and Another, the Court addressed whether executors named in a last will may be substituted as plaintiffs in place of a deceased litigant despite probate not having been obtained at the time of the application, and whether attorney-at-law negligence in recording an order’s delivery date constitutes an exceptional circumstance justifying the exercise of revisionary jurisdiction under section 754(2) of the Civil Procedure Code. It was determined that the substitution of the executors was proper and in line with section 395 of the Civil Procedure Code, and that attorney negligence did not amount to exceptional circumstances necessary to invoke revisionary jurisdiction. Reference was made to established authorities emphasizing that executors may be substitute