Weerakoon vs Nikulas – clr volume 2 page 048

In the case between the substituted plaintiffs (heirs of the deceased judgment creditor, including Luisis v. Perera et al.) and the defendants (including the party claiming on behalf of the second defendant), the court addressed whether substituted plaintiffs, lacking letters of administration, could seek a court declaration for the sale of property under section 247 of the Civil Procedure Code to satisfy a prior judgment. It was held that the substituted plaintiffs, despite not having taken out letters of administration for an estate valued over Rs. 50,000, were entitled to proceed with execution and sale of the property. The principle reaffirmed that statutory rights under section 247 permit substituted plaintiffs to continue proceedings initiated by the original judgment creditor, provi