Parameshwary Upali De Silva vs Savithiri Lokitharajah et al. – SC APPEAL NO. 104/2012-2016

In the case between Parameshwary Upali De Silva (née Parameshwary Velupillai) and Savithiri Lokitharajah (née Savithri Velupillai), among others, the court addressed whether the District Court and Court of Appeal erred in dismissing a testamentary action without adhering to mandatory procedural requirements under the Civil Procedure Code, specifically Sections 532, 533, 534, and 386. It was determined that the improper application of testamentary procedure and failure to frame necessary issues led to an unlawful dismissal of the petitioner’s claim concerning the probative value of two conflicting wills (Will No.1058 dated 27.04.1976 and Will No.361 dated 23.05.1979) and the right to grant letters of administration. The findings affirmed the principle that testamentary proceedings must comp