Liyanaarachchi vs De Silva – CA/RII/01/2023-2024

In the case between Adikari Mudiyanselage Chandradevi (Substituted Plaintiff-Respondent) and Samuel Herbert Liyanaarachchi (Substituted 1st Defendant-Petitioner), the court examined the validity of substituting Chandra Devi as administratrix for the deceased plaintiff and assessed whether challenges to this substitution could be reconsidered, particularly with regard to objections citing discrepancies in personal documentation and alleged family relationships. It was held that, based on section 394(2) of the Civil Procedure Code and the procedural history—including the prior testamentary appointment—objections to the substitution were untimely and could not be entertained at this stage. The decision reaffirmed principles of finality in procedural orders regarding substitution, underlining

REF: CA/RII/01/2023-2024 Category: Tag:
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