Fernando vs The Ceylon Tea Plantations Co. – clr volume 3 page 051

In the case between the plaintiff, who sought to establish title to a parcel of land, and the first defendant company, which was in possession and claimed improvements to the land, the court addressed the issue of whether unchallenged allegations in a defendant’s answer regarding a counter-claim constituted admissions under the Civil Procedure Code. The district judge had granted judgment for the defendant company’s counter-claim for improvements without evidence, based on the plaintiff’s failure to file a replication. It was established that the Civil Procedure Code does not permit a presumption of admission from silence in pleadings, unlike English court practice. The findings set aside the district judge’s judgment and directed that the matter be remitted for retrial on the merits. The