John Fernando and Attorney General v. Satarasinghe – sllr 2002 volume 2 page 113

In the case between the plaintiff-respondent and the original 1st defendant (substituted by his widow) and the Attorney-General as the 2nd defendant, the court addressed whether a cause of action for defamation survives the death of the defendant, and whether the plaint satisfied requirements under Form 89 of the Civil Procedure Code regarding the explicit statement of defamatory words. It was held that a cause of action for defamation is personal in nature and does not survive the death of the defendant under the maxim “actio personalis moritur cum persona.” The plaint was further found defective for failing to state the precise defamatory words or their substantial equivalent, thus depriving the defendant of the opportunity for a proper defense. The principles set out in common law and t