H.M.D. Ramlan vs K.A. Wimalasena and others – SC Appeal 151/2012-2025

This case involved an Appellant seeking declarations that Deed No. 7216 was fraudulent and void, asserting ownership of the corpus. The Respondent counter-claimed ownership based on the same deed. Initial dismissals at the District Court and Provincial High Court led to an appeal granted on four questions of law concerning deed execution, witness credibility, document consideration, and the timing of raising execution validity.

Janak De Silva, J. delivered the judgment, addressing the questions of law. It was determined that the issue of due execution of Deed No. 7216 could not be raised at that stage as it was not part of the pleaded case, which focused on forgery. Further, the tendering of Deed No. 7216 (P6) without objection, coupled with the Civil Procedure Code (Amendment) Act No