Mercantile Credit Ltd. v. Sumanapala and Another – sllr 2002 volume 1 page 417

In the case between Mercantile Credit Ltd. and Sumanapala and Another, the court addressed whether a deed presented for registration while a caveat is in force becomes void or voidable if the requisite action under the Registration of Documents Ordinance is commenced after the statutory 30-day period following notice. The court determined that an action filed after the expiration of this period is not maintainable. The legal reasoning established that a pure question of law, not contingent upon factual matters, may be adjudicated prior to trial, regardless of the formulation of issues or presentation of evidence. The decision also emphasized the non-applicability of Section 39 of the Judicature Act to the present circumstances. The appeal was dismissed with costs, reaffirming the principle