1953 Present: Gunasekara J, and Pulle J.

K. KADIRGAMADAS et al., Appellants, and K. SUPPIAH et al.,
Respondents

S. C. (Inty.) 2-D. C. Jaffna, 3,468

Civil Procedure Code-Proctor-Appointment-Requirement of writing signed by the client-Section 27-Death of plaintiff-Assignee's claim to be substituted as plaintiff-" Legal representative "-Section 394 (2).

When the petition of appeal was filed on behalf of the defendants, the Proctor who presented it had not been appointed in writing, as required by section 27 of the Civil Procedure Code, to act for some of the appellants. He was so appointed after the appealable time had expired. He had, however, without objection from any of the parties, represented all the defendants at various stages of the proceedings earlier.

Held, that the irregularity in the appointment of the Proctor was cured by the subsequent filing of a written proxy.

Held further, that where the plaintiff in a pending action dies it is only his legal representative who can be substituted as a party in his place. A person, therefore, who claims the plaintiff's interests in the action by virtue of an assignment which had been