Harold Fernando v. Fonseka and Others – sllr 1998 volume 3 page 301

In HAROLD FERNANDO v. FONSEKA AND OTHERS, the court addressed whether the addition of intervenient parties in testamentary proceedings could be invalidated by delay or the court being functus officio, and considered the application of the Civil Procedure Code concerning Letters of Administration. The challenge arose after an order permitted the inclusion of additional respondents as parties to ongoing testamentary litigation. The findings established that the granting of Letters of Administration is a preliminary step distinct from the determination of heirs, that delay does not operate to defeat the claims of intervenient parties, and that the matter remains open for such claims until a judicial settlement of accounts. The decision relied on sections 30–32 and 530(1) of the Civil Procedur