Mendis vs Peiris – clr volume 1 page 098

In the case between the executrix of the deceased plaintiff and the defendant concerning an alleged partnership for building works at the Colombo Lunatic Asylum, the court addressed the admissibility of parole evidence under Ordinance No. 7 of 1840 to prove the existence or termination of a partnership. Central issues involved whether the partnership had ended prior to the proceedings and how partnership assets and profits should be distributed. It was held that parole evidence may be admitted if the partnership had terminated prior to the suit, but not if still subsisting at the time of proceedings. Relevant statutory interpretation and the precedent established in Vanderstraaten were considered. The judgment reaffirmed that the admissibility of parole evidence turns on whether the partne