MAHAWEWA AND ANOTHER V. HEMACHANDRA MAHAWEWA

MAHAWEWA AND ANOTHER V.
HEMACHANDRA MAHAWEWA

SUPREME COURT
SHIRANEE TILAKAWARDANE, J.,
MARSOOF, P.C. J., AND
SRIPAVAN, J.
S.C. APPEAL NO. 64/2008
S.C. (H.C.) C.A.L.A. NO. 25/2008
WP/HCCA/ COL/ 131/2007 (LA)
D.C. MOUNT LAVINIA NO. 349/98/SPL
NOVEMBER 23RD, 2009
DECEMBER 18TH, 2009

Civil Procedure Code - Section 392 - On the death of a party action does not abate if right to sue survives - Section 398(1) - Substitution of legal representative in place of deceased defendant - Personalis moritur cum persona - Litis Contestatio?

The supreme Court granted Special Leave to Appeal on the question of law, whether an action to revoke a deed of gift based on gross ingratitude would survive, upon the death of the original Defendant (donee) before the conclusion of the case.

In the instant case, at the time of the original Defendant's death, the trial had commenced and the Respondent had completed his evidence and closed his case. The deceased Defendant had also commenced his case but died prior to the conclusion of the cross examination of his case. Unmistakably, the stage of Litis Contestatio had been reached at the time Defendant

Click Here to Read the rest of this document