Rosalin Vs Sundaralingam and Others – sllr 2005 volume 1 page 260

In the case between Rosalin (plaintiff) and Sundaralingam and Others (defendants), the court addressed the procedural and substantive propriety of re-listing for writs of habeas corpus where the relevant “corpus” was no longer in existence. The central question was whether applications could be maintained after the death of the individuals concerned and in the absence of proper party substitution or compliance with rules of procedure. The original applications had been dismissed upon the establishment of death of the petitioned individuals. The attempt to re-list was made improperly, without appropriate standing and by motion instead of by petition and affidavit as required under relevant Supreme Court Rules. It was held that further proceedings were redundant, that proper substitution and