Senerath Kumarasiri Perera Balasuriya vs People’s Bank et al. – CA WRIT/315/2013-2013

In the case between Senerath Kumarasiri Perera Balasuriya (substituted by Amarasinghe Arachchige Swarna Perera and children) and People’s Bank (with K.W.M.M. Sarojini and other officers/directors), the court addressed the issue of whether the widow and children of the deceased petitioner could be lawfully substituted in his place, especially given the absence of a marriage certificate under the General Marriages Ordinance. It was held that the evidence provided, including birth certificates, electoral registers, and affidavits, did not satisfactorily establish a lawful marriage sufficient for substitution. The principle reaffirmed is that strict compliance with statutory requirements is necessary for the substitution of parties, and the court’s discretion will not be exercised in the absen