Karunawathie vs Jabir and Others – sllr 2004 volume 3 page 123

In the case between Karunawathie (Plaintiff) and Jabir and others (Defendants), the court addressed the issue of whether the petitioner, as the legal wife and lawful heir of the deceased defendant-appellant, held the requisite standing to be substituted in the deceased’s place for the continuation of an appeal. It was held that the petitioner possessed a prima facie entitlement to such substitution, clarifying that procedural law under the Civil Procedure Code, rather than the substantive succession provisions of the Rent Act, governed matters of party substitution in appellate proceedings. The decision relied upon sections 760(A) and 27(2) of the Civil Procedure Code, underscoring the importance of procedural compliance in the event of a party’s death during litigation and ensuring contin