Walpola Mudalige Janenona vs. Manamala Gamage Nandawathie – SC HC/CALA306/2013-2017

In the case between Manamala Gamage Nandawathie (Defendant-Appellant) and the substituted plaintiff-respondent (son of Walpola Mudalige Janenona, the original plaintiff), the court addressed the issue of whether the substituted plaintiff possessed the necessary locus standi to continue prosecuting an appeal concerning title and eviction over a disputed property, in light of a prior deed of gift executed by the original plaintiff in favor of Eranda Perera. It was held that the substitution of the plaintiff did not prejudice the procedural prosecution of the appeal, notwithstanding the original plaintiff’s transfer of title prior to death. The court reaffirmed that, under Section 760A of the Civil Procedure Code and relevant judicial precedent, such substitution serves procedural continuity