Dias v. De Mel and Another – sllr 1984 volume 1 page 263

In the case between Miss M. Seneviratne S. A. (appellant) and the executors of the late A. M. C. Dias’ estate, the court addressed whether a decree‐holder may execute a decree against the personal liability of legal representatives under sections 222(2) of the Civil Procedure Code (as amended) and 549(2) of the Administration of Justice (Amendment) Law, No. 25 of 1975. It was held that the absence of a specific averment in the decree‐holder’s petition—that no assets remain unalienated in the estate—does not preclude an application for personal execution against the legal representatives. The principle that once it is established that estate property came under the legal representative’s control and remains unapplied to satisfy the decree, the burden shifts to the legal representative, was