R.K. Obeyesekere vs Milford Exports (Ceylon) Ltd. – SC CHC APPEAL NO 21/2009-2011

In the case between R.K. Obeyesekere, Zaki Alif, Dr. V.P. Vittachchi (Petitioners) and Milford Exports (Ceylon) Ltd., D.H.S. Jayawardene, Mrs. Sonia Weinman, and Secretaries and Registrar Limited (Respondents), the Court addressed the procedural issue of whether, upon the death of one party in a joint action under the Companies Act No. 7 of 2007, substitution of that party is mandatory or if the action may proceed without such substitution. It was held that although the cause of action survives to the remaining parties, the absence of a written application by summary procedure, as required by law, precludes continuation of proceedings. The Court reaffirmed the principle that mandatory compliance with procedural rules is essential for the advancement of cases of this nature. The decision re