Dias v. De Mel and Another – sllr 1990 volume 2 page 283

In the case between the executors of the last will of A.M.C. Dias (plaintiff-respondents) and the son of the testator (defendant-petitioner), the court addressed the proper procedural mechanism for the recovery and inspection of disputed movable property forming part of a deceased estate. It was held that executors should seek relief under Section 712 of the Civil Procedure Code in the pending testamentary proceedings rather than through an application under Section 669. This determination reaffirmed the principle that the specific statutory scheme governing testamentary actions prevails in matters of discovery and valuation of estate assets. Reliance was placed on the relevant sections of the Civil Procedure Code, which delineate the process for resolving disputes over ownership and inven