W. I. Sri Raj Fernando vs W. T. Ranjani Fernando – CA 41/1998-2012

The case between W. J. Sri Raj Fernando (Plaintiff-Appellant) and W. T. Ranjani Fernando, W. J. J. A. R. Pradeep Appuhamy, W. A. Joseph Appuhamy, and W. P. Noel Fernando (Defendant-Respondents), addressed the validity of Deed No. 7087 of 07.04.1984 on the grounds of alleged fraud, the applicability of statutory prescription, survival of cause of action against heirs, and the proper framing of preliminary issues in civil proceedings. It was determined that the cause of action did not survive against the heirs of the alleged fraudulent party, and that the Plaintiff’s action was time-barred under Section 10 of the Prescription Ordinance, which permits a three-year limitation period for such claims. The Plaintiff’s attempt to raise new grounds on appeal was also rejected. Reliance was placed o