Manikuwalage Rosalin and Others vs. Aswaththalage Doisa and Others – SC HC CA LA 73/2013-2016

In the case between the 11th Defendant-Appellant-Respondent-Petitioner and the substituted 5A-5F/6A-6F Defendant-Respondents, with the 6th Defendant-Respondent deceased and the Intervenient Petitioner Lasantha Samarasiri Ananda Wikremasinghe seeking intervention, the court addressed the issue of proper substitution of parties pursuant to Rule 38 of the Supreme Court Rules, 1990, following the intestate death of a party. It was determined that the application for substitution was appropriate, confirming the substituted parties as fit and proper while refusing the intervention request of another claimant. This outcome reaffirmed the principle that only parties with duly established legal standing, verified by documentary evidence such as death certificates and official letters, may be substi