Wijeratne V Wijeratna – sllr 2004 volume 2 page 165

The case between the petitioner and respondent involved a dispute concerning the declaration of title to certain land and the respondent’s asserted right of way. The principal legal issue addressed was the application of section 75(d) of the Civil Procedure Code, specifically regarding the sufficiency of denials in pleadings and the implications of failing to distinctly deny an averment. It was determined that only a specific and unequivocal denial, or a clear statement of non-admission, fulfills the requirements under section 75(d), and that a general denial is insufficient. Reference was made to relevant statutes and case law, including Fernando v Samarasekera, emphasizing the procedural necessity for precise pleadings. The application for leave to appeal was dismissed, underscoring the