SADHANA DHARMABANDU VS MALLIKA HOMES LTD AND OTHERS COURT OF APPEAL BASNAYAKE

SADHANA DHARMABANDU
VS
MALLIKA HOMES LTD AND OTHERS

COURT OF APPEAL
BASNAYAKE.J
CHITRASIRI. J
CALA 498/2005
DC COLOMBO 36175/T
MARCH 3, 2009

Civil Procedure Code - Section 6, Section 516, Section 520, Section 524, Section 517 - Testamentary proceedings - Application to obtain probate withdrawn - Should the application to prove the last will be dismissed? - Should the procedure set out in granting probate start afresh? - Object of the legislature - Applicability of Section 56 of the Code - Duty of Court in testamentary matters?

The District Court allowed the application of the petitioner to withdraw his application to grant probate in respect of the last will of one X and permitted the intervenient petitioner-respondent to prosecute the action from where it was stopped. The petitioner sought leave to appeal against the said order, and leave was granted on the question 'whether an application to prove a last will should be dismissed when the petitioner is allowed to withdraw his application to obtain probate.'

Held:

(1) Testamentary actions are governed by the provisions contained in Ca

Click Here to Read the rest of this document