Chandana Hewavitharane vs. Urban Development Authority and Another – sllr 2005 volume 2 page 107

The case between Chandana Hewawitharana (as substituted plaintiff) and the Urban Development Authority & another addressed the procedure for substitution of a deceased plaintiff in an ongoing civil appeal under Section 760A of the Civil Procedure Code. It was held that where the cause of action survives the death of the original plaintiff, substitution of the proper legal representative is permitted, reaffirming the principle that actions for patrimonial loss survive for the benefit of heirs. This decision relied on Section 760A of the Civil Procedure Code and Supreme Court Rule 38, emphasizing that procedural requirements do not defeat the substantive right to pursue claims for damages by appropriate representatives.

Wimalachandra J. — It was determined that upon the death of the origin