Ambudeniyage Dona Leelawathie vs Karuna Aratchige Ranjith Ariyaratne – SC APPEAL NO. 28/2013-2016

The case between Ambudeniyage Dona Leelawathie (and her substituted representative) and Karuna Aratchige Ranjith Ariyaratne (with associated substituted parties) addressed whether an action for revocation of a deed of gift on grounds of gross ingratitude, classified as a personal action, survives the death of the original plaintiff once the stage of litis contestatio has been reached. It was held that actions of this nature do survive beyond the death of the donor after litis contestatio, permitting substitution of the legal representative. The court set aside orders of the District and High Courts, directing that the petitioner be substituted, thus allowing the appeal. The judgment relied on analysis of Sections 392, 395, and 398 of the Civil Procedure Code, comparison with Roman Dutch an