Jayawardene v. Obeysekere and 5 Others – sllr 2011 volume 1 page 349

In the case between Jayawardene (and associated petitioner-respondents) and Obeysekere (and other respondents), the court addressed whether the death of a petitioner-respondent prevented the continuation of proceedings without substitution of the deceased and examined the correct procedural requirements under the Civil Procedure Code and the Companies Act No. 7 of 2007. It was held that while the right to sue may survive among the remaining petitioners, strict adherence to the summary procedure prescribed by section 393 of the Civil Procedure Code is mandatory. In the absence of compliance with this requirement, the proceedings could not continue and were ordered to be dismissed with costs. This decision reaffirmed the principle that statutory procedural compliance is essential for sustain