Mahawewa and Another v. Hemachandra Mahawewa – sllr 2010 volume 1 page 270

In the case between the Plaintiff–Respondent (seeking revocation of a deed of gift on grounds of gross ingratitude) and the Defendant–Appellants (the original donee’s legal representatives, specifically the widow and son), the court addressed whether an action to revoke a deed of gift based on gross ingratitude survives the death of the original Defendant. It was held that such an action continues after the original Defendant’s death if the litigation had reached the stage of litis contestatio. The principle was reaffirmed that the legal maxim “personalis moritur cum persona” does not apply uniformly to all personal actions, particularly where statutory provisions such as Sections 392 and 398 of the Civil Procedure Code permit substitution of parties. Precedents including Jayasuriya, Deera