State Bank of India vs D.P. Piyatissa – CA APPEAL NO. 1031/99-2013

In the case between State Bank of India and D.P. Piyatissa, G.B. Fernando, Mrs. Trixie Piyatissa (substituted for late D.I. Piyatissa), and D.P. Piyatissa (substituted for late J.W. Piyatissa), the court addressed whether the State Bank of India was entitled to recover a sum of US $442,382.18 under a written joint and several guarantee executed by the defendants, including substituted legal representatives. It was determined that lawful substitution under Section 14A of the Civil Procedure Code rendered the legal representatives liable. Recovery in US Dollars was held permissible based on contractual terms, with precedent in THE CEMENTATION COMPANY (OVERSEAS) LIMITED VS. HOTEL INTERNATIONAL LIMITED [1986 1 SLR 262]. The objections relating to prescription were dismissed due to recent part-