William Joseph Gorman vs Samsie Lebbe Ismail Lebbe Marcar – clr volume 1 page 099

In the case between The Secretary of the Ceylon Savings Bank and Samsie Lebbe Ismail Lebbe Marcar (with other intestate heirs as respondents), the court addressed whether the petitioner’s application for letters of administration, made after the intestate’s death and prior to the Civil Procedure Code, was procedurally valid. It was held that the application failed both for following an inappropriate procedure (inapplicable Civil Procedure Code for pre-Code testamentary rights) and for insufficient affidavit evidence to support a creditor’s application. This outcome reaffirmed the principle that procedural compliance, including adherence to the relevant legal framework and proper evidentiary support in affidavits, is mandatory for creditors seeking administration. The decision emphasized th