T.C.P. Kirunayake v. P.Y. James – CA NO. 861/97 F -2014

In the case between T.C.P. Kirunayake and P.Y. James, involving substituted-defendant-respondent Kaluarachchilage Wimalawathie, the court addressed the issue of lawful substitution of a legal representative following a party’s death, specifically under the Civil Procedure Code. It was held that the substitution of Wimalawathie as the legal representative was not validly effected in the absence of requisite proof, including the lack of evidence of a legal marital relationship and failure to comply with procedural requirements stipulated in the Civil Procedure Code. The order of substitution dated 13.06.1997 and all subsequent proceedings, including the judgment dated 02.10.1997, were set aside. The court directed that substitution must conform to legal requirements upon proper application a