Punchi Appu vs Babanchi – clr volume 2 page 177

In the case between Babanis de Silva (assignee of the judgment creditor Punchi Appu) and Babanchi (the judgment debtor), the court addressed whether the absence of service of the original summons and decree nisi is sufficient reason to refuse the substitution of the assignee’s name as plaintiff under Section 339 of the Civil Procedure Code. It was determined that the non-service alone does not preclude substitution, especially when the defendant has recourse to set aside the decree under Section 87. The court reaffirmed the principle that judicial discretion in substitution applications should be exercised based on all material facts, not merely on technicalities concerning service. This decision relied on the relevant provisions of the Civil Procedure Code, emphasizing that substantive ri