Chitra Manohari Perera vs Shanthi Perera – sllr 2006 volume 1 page 202

In the case between Chitra Manohari Perera (petitioner) and Shanthi Perera (respondent), the Supreme Court examined the nature of an order made under Sections 712 and 716 of the Civil Procedure Code in testamentary proceedings. The central issue was whether such an order constituted a final order, permitting a direct appeal under Sections 754(1) and 754(3), or an interlocutory order, which would require an interlocutory appeal by way of leave under Section 754(2). The findings established that the District Judge’s order in question was interlocutory, as the testamentary proceedings were ongoing and the order did not conclusively determine the substantive rights of the parties. The governing principle reaffirmed was that appeals from interlocutory orders must be made with leave, in line wit