Lakmini Ratwatte Welgama v. Anoja Devi Wijesundera and Another – sllr 1999 volume 1 page 090

The case between Lakmini Ratwatte Welgama (plaintiff/appellant) and Anoja Devi Wijesundera and another (defendants/respondents, as sisters and intestate heirs) addressed the issue of whether the order nisi granted during testamentary proceedings concerning the estate of Philip Upali Wijewardene was issued per incuriam due to a lack of proof regarding the fact and date of death. The court established that the material evidence supported the occurrence of death on 13th February 1983, not 21st April 1988, and reaffirmed that no statutory presumption could override primary evidence of death. This decision relied on the Civil Procedure Code and the amended Evidence Ordinance, emphasizing that, where specific evidence is available, a presumption concerning the date of death cannot be artificiall