Amarasooriya Vs Amarasooriya and Others – sllr 2005 volume 1 page 177

In the case between the estate of Amarasooriya (the deceased) and parties contesting entitlement to Letters of Administration—principally the petitioner/respondent and the objecting party asserting marriage to the deceased—the court addressed the allocation of the burden of proof and the correct party to commence proceedings upon objections to Letters of Administration. It was held that the respondent (objector), who claimed to be the spouse of the deceased, bears the initial burden of proving the marriage before the petitioner is required to rebut. Relying on sections 529(2), 532(1), and 533 of the Civil Procedure Code and established precedents (including Perera vs Dias), the decision emphasized that the party asserting a positive allegation must begin and bear the burden of proof. The p