Kamanie Alles De Silva v. Wijewardane – sllr 2002 volume 3 page 236

In the case between Kamanie Alles De Silva (plaintiff-appellant) and Wijewardane (defendant-respondent), the court addressed whether an application for a writ to execute a decree, submitted beyond the statutory ten-year limitation, could be granted. The holding determined that the strict ten-year bar imposed by section 337 of the Civil Procedure Code and its amendments precluded the grant of such a writ, with no statutory basis to deduct periods of disappearance or to accept any exception in the absence of fraud or compulsion. This decision reaffirmed the enduring principle that limitation statutes must be strictly construed, and emphasized the necessity for finality in legal proceedings. The ruling relied upon a textual reading of the Civil Procedure Code and related precedents, underscor

REF: sllr 2002 volume 3 page 236 Category: Tag:
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