Piyadasa v. Sudu Banda – sllr 2003 volume 2 page 202

In the case between Piyadasa (Plaintiff) and Sudu Banda (Defendant), the court addressed the issue of whether an application solely seeking a vesting order under section 112(1)(ii) of the Trusts Ordinance must proceed by summary procedure instead of regular procedure. It was held that such applications require summary procedure, reaffirming the principle that where only a vesting order is sought, a summary process is mandated. Reliance was placed on relevant statutes, particularly the Trusts Ordinance and the Civil Procedure Code, and prior decisions including Marikkar Lebbe, Hunter v Sri Chandrasekera, and Balasundaram v Raman. The impact of the decision is the clear delineation between matters requiring a decree (initiated by regular procedure) and those concluding by an order, such as p