Pieris v. Wijeratne and Others – SLR – sllr 2000 volume 2 page 145

Brief
In PIERIS v. WIJERATNE AND OTHERS, the court addressed the maintainability of an application to recall probate in a testamentary case where allegations of fraud were raised, despite the grant of an Order Nisi rather than an Order Absolute. The holding determined that, while statutory requirements under Sections 516 and 524 of the Civil Procedure Code had not been met due to delays in will deposit and failure to name all necessary heirs, the court retains inherent jurisdiction under Section 839 to prevent injustice or abuse of process. The principle reaffirmed is that procedural irregularities may be overcome in the interests of justice when fraud is alleged in probate proceedings, with reliance placed on relevant statutory provisions and precedents. The decision sets aside the prior