Punchirala V. Kiri Banda Et Al.

1921       [FULL BENCH]

Present : Bertram C.J. and Ennis and De Sampayo JJ.

PUNCHIRALA v. KIRI BANDA et al.

144-D. C. Kandy, 27,592.

Evidence Ordinance, 1895, s. 41-Declaration in judicial settlement in testamentary case that a person was adopted by the deceased for purposes of inheritance-Has declaration the effect of a judgment in rem.

In a judicial settlement in testamentary case No. 2,222 the question arose whether A had been duly adopted for purposes of inheritance, and the Court held that he was. In the present action brought by the administratrix de bonis  non, the adoption of A was again challenged.

Held, that as the defendant (appellant) was not a party to the judicial settlement or a privy of any of the parties, he was not bound by the decision in the judicial settlement as to the status of A

A declaration made incidentally by a Testamentary Court as to the legal character of the persons before them has not the effect of a judgment in rem.

THE case was referred to a Full Court by Ennis J. and Schneider A.J. The facts appear from the judgment.

M. W. H. de. Silva (with him Bartholomeusz and Fonseka), for appella

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