Wickremaratne v. Wickremaratne – sllr 1991 volume 1 page 203

In the case between the substituted petitioner-respondent (administrator of the estate) and the 4th respondent-petitioner (an heir managing rental income), the court addressed the validity of seeking a citation under section 712 of the Civil Procedure Code for the recovery of rental income collected by an heir after the death of a testator. It was held that the citation was not justified as there was no demonstration that the rental income in question was required for the due administration of the estate. The principle reaffirmed is that only those assets necessary for administration may be made subject to such a citation. Relying on sections 712, 714, and 716 of the Civil Procedure Code, as well as established precedents, it was emphasized that proceedings under section 712 must be confin