K.R.Sumanawathie v S.Seelawathie – SC APPEAL NO.199/2014-2014

Brief
The case between K.R. Sumanawathie (plaintiff, later substituted by her daughter) and S. Seelawathie (defendant/petitioner/appellant) addressed whether, in a possessory action, an appeal and the corresponding rights survive the death of the plaintiff and if proper legal substitution under section 760A of the Civil Procedure Code had occurred. The court determined that the action, having reached the stage of litis contestatio, survives the plaintiff’s death and that the substitution of the plaintiff’s daughter was valid in law. The decree obtained in favour of the deceased plaintiff may therefore be executed by her legal representative. The principles underlying this decision affirmed that once a possessory action has advanced to the stage where substantive issues are joined, the pl