Wattarantenna Mudiyanselage Tikiri Banda vs. Dasanayake Ralalage Podimenike et al. – CA CASE NO: 208/2000-2013

In the case between Wattarantenna Mudiyanselage Tikiri Banda (plaintiff) and substituted defendants including Dasanayake Ralalage Podimenike and others, the court examined the validity of a district court judgment delivered after the death of a substituted defendant, Weerasekera Mudiyanselage Upul Bandara Weerasekara, for whom no replacement had been appointed. It was determined that the judgment delivered on 28.01.2000 was void due to the procedural defect of failing to substitute the deceased party as required by law. Reliance was placed on the necessity for proper substitution to uphold the validity of judicial proceedings. The action was remitted to the District Court of Kandy with directions for appropriate substitution and further proceedings, affirming the principle that all necessa

REF: CA CASE NO: 208/2000-2013 Category: Tag:
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