SECTION 398 CPC - SUBSTITUTION- PROCEDURE- In Dahanayake v. Jayasinghe 71 CLW 112 it was held that the term "executor" includes an executor de son tort. It was held in that case that there was ample evidence that the widow intermeddled with her late husband's estate and thereby constituted herself an executor de son tort and she could be substituted as the legal representative of her late husband who was the defendant. The application should be made by petition and affidavit. This is essential so that there can be prima facie proof of the matters stated therein. Sarlin v. James Fernando (63 NLR 34 @ 41) that an improper substitution can nullify a subsequent sale in execution. Chief Justice Basnayaka...................................on the box below and scroll down with the arrow key for easy reading

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