P.S. Kodithuwakkuarachchi vs Dr. Hema Bandara Jayasinghe – SC APPEAL 9/2014-2019

In the case between P.S. Kodithuwakkuarachchi and Dr. Hema Bandara Jayasinghe, the court addressed whether an inquiry conducted under Section 328 of the Civil Procedure Code (CPC) can determine or declare the title to property, or is restricted solely to issues concerning possession. It was held that a Section 328 inquiry only determines questions of possession and cannot adjudicate on title, reaffirming the principle that orders under Section 328 do not operate as res judicata on ownership or title disputes. This decision was grounded in established case law, including Rosahamy Vs Diago and Pathirana Vs Ahangama, and clarified that procedural objections such as non-joinder or misjoinder should not result in dismissal without allowing amendments. The final ruling upheld the judgment of the