Domingu v. Sandarasekere – clr volume 2 page 108

In the case between the decree-holders (petitioners in the district court proceedings) and Father Sandarasekere (respondent), concerning possession of the Roman Catholic church known as Koottattu Mathavin Covil, the central issue was whether a petition filed under section 325 of the Civil Procedure Code, though not in the full form of a plaint, was legally sufficient to initiate an inquiry into the respondent’s claim to possession and the nature of resistance to execution of an order. It was held that such a petition, when registered as a plaint under section 327, ought to have been treated as commencing an “action” for the purposes of proper investigation, rather than being dismissed for absence of a formal cause of action. The decision reaffirmed that procedural requirements under the Co

REF: clr volume 2 page 108 Category: Tag:
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