Haripala and Others vs Mallika Fernando and Others – sllr 2005 volume 1 page 417

In Haripala and Others (petitioners) v. Mallika Fernando and Others (respondents), the court addressed whether substitution is permissible in an inquiry under Section 325 of the Civil Procedure Code when a person resisting fiscal action dies before the completion of the inquiry. It was held that the procedural framework under Sections 325–328 does not provide for substitution of deceased resistors, reaffirming the principle that absent explicit statutory provision, substitution cannot be made in such inquiries. Reliance was placed on the decision in Jinasena vs Vithanage and the provisions of the Civil Procedure Code, emphasizing that the proper remedy for the heir is to institute a regular action to establish rights rather than seeking substitution in the ongoing inquiry. Costs were award