P. Dingirihami Walawita Hettimulla and Others vs S.A. Sirisena Walawita Hettimulla and Others – CA NO. 771/1998-2011

In the case between P. Dingirihami, Walawita, Hettimulla, and others (Plaintiffs) and S.A. Sirisena, Walawita, Hettimulla, and others (Defendants), the court addressed the issue of whether the District Judge properly identified, accepted, and based the proceedings and judgment on the correct points of contest as mandated by Section 146 of the Civil Procedure Code. It was determined that significant ambiguity arose due to two differing sets of issues with overlapping numbering, and the record did not clarify which issues were accepted for trial. The decision reaffirmed the principle that the trial court must clearly establish, determine, and accept the issues in controversy before proceeding. The Court of Appeal relied on Section 146, emphasizing the necessity for strict adherence to proced