Sureka Aroshani Weerasuriya Vs. Commercial Bank of Ceylon PLC – CA RII/0033/2023-2025

This case involves an application for Restitutio-in-Integrum filed by Sureka Aroshani Weerasuriya against Commercial Bank of Ceylon PLC. The core legal issues revolve around the proper appointment of a legal representative for the deceased defendant under Section 26 of the Mortgage Act, the validity of notice service, and whether the petitioner is entitled to the extraordinary remedy of Restitutio-in-Integrum. The court found that the petitioner was suitably appointed as the legal representative, that all heirs are not required to be made parties in a mortgage bond action under Section 26, and that the petitioner failed to demonstrate grounds for Restitutio-in-Integrum. Consequently, the application was dismissed.

R. Gurusinghe, J. delivered the judgment, addressing the petitioner’s app