Peiris And Another v. Siripala – sllr 2009 volume 1 page 075

In the case between PEIRIS AND ANOTHER (Plaintiff-Respondent) and SIRIPALA and associated parties (Defendant-Appellants), the court addressed the validity of deed P2 (No. 4881), specifically whether it should be set aside on grounds of alleged fraudulent manipulation and misrepresentation. The central issues concerned the standard of proof applicable in fraud claims, the proper joinder of causes of action under Section 35(1) of the Civil Procedure Code, and the applicability of the non est factum defence. It was determined that the available evidence did not meet the required threshold to prove fraudulent misrepresentation or invalid execution of the deed. The case reaffirmed the principle that issues once accepted at trial will define the proceedings and reiterated the modern evidentiary

REF: sllr 2009 volume 1 page 075 Category: Tag:
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