RANNAIDE
VS.
WIMALASOORIYA AND OTHERS (IN THE MATTER OF AN APPLICATION FOR RELISTING OF THE APPEAL)

COURT OF APPEAL
CHANDRA EKANAYAKE, J
SRI SKANDARAJAH, J
W.L.R. DE SILVA, J
CA 1015/1993 (F) (DB)
DC KURUNEGALA 267/L

Rei Vindicatio action - Judgment delivered in the Court of Appeal - Substitution - With the death of a party does the record become defective?- When the appellant

is dead-ls the judgment delivered bad in law- Should the case be relisted? What is nullity? Inherent powers of Court - Nunc protunc - Judgment absolute nullity­Could be redelivered - Coram Non Judice

The judgment was pronounced by the Court of Appeal on 13.01.2004. Parties were represented by Counsel - and it had not been brought to the notice of Court about the death of the original 1st plaintiff - appellant The petitioner on 24.03.2004 sought to substitute him In the room of the deceased 1st plaintiff­ appellant and the judgment delivered be pro forma set aside and the same judgment be re-delivered, as the bench was divided in their views a Divisional Bench was constituted and the matter was argued before the Divisional Bench - as order for substitution was made - arguments wer