Fernando vs Perera – clr volume 1 page 038_2

In the case between Fernando and others (plaintiffs) and Perera and others (defendants), the court addressed whether a suit for recovering possession of land abates upon the death of the lead plaintiff, or may be continued by surviving heirs without appointing an administrator. The court held that when the surviving plaintiffs are the sole heirs succeeding to the deceased’s interest, the action may be continued by them as proprietors in their personal right. This reaffirmed the principle that abatement is not mandatory if the interest devolves directly to the surviving parties qualified to pursue the claim. The decision relied on the provisions of sections 547, 392, and 394 of the Civil Procedure Code and emphasized that strict requirements for formal administration are unnecessary when th