Hewage v. Public Trustee – sllr 2006 volume 1 page 313

In the case of Hewage (petitioner) vs. Public Trustee (respondent), the court addressed the issue of whether fixed deposits held with The Finance Company, subject to a nominee arrangement, should be included in the estate inventory under probate, and whether the District Judge’s order rejecting an exclusion application constituted a final judgment or merely an interlocutory order for the purpose of appeal. The court held that the order did not finally dispose of the rights of the parties and, therefore, did not constitute a final judgment under Section 754(5) of the Civil Procedure Code. The preliminary objection raised by the Public Trustee was overruled. This decision reaffirmed the principle that an order is considered final only if it conclusively determines the substantive rights in d