Sasikala Rasadari Mahawewa et al. v. Vithana Appuhamilage Oliver Hemachandra Mahawewa – SC APPEAL NO. 64/2008-2010

In the case between Sasikala Rasadari Baddegama Mahawewa nee Liyanage and others (Defendant-Petitioners) and Vithana Appuhamilage Oliver Hemachandra Mahawewa (Plaintiff-Respondent), the court addressed whether an action to revoke a deed of gift on the ground of gross ingratitude survives the death of the original defendant and the correct process for substitution of parties under the Civil Procedure Code. It was determined that, as the action had reached the stage of litis contestatio prior to the defendant’s death, the cause of action survived and proceedings could continue against the substituted parties. This holding reaffirmed the principle that rights and liabilities may continue where justice demands, particularly to prevent unjust enrichment. Reference was made to Sections 398 and 3