Chandrawathie v. Wimaladasa And Others – sllr 2006 volume 1 page 004

In Chandrawathie v. Wimaladasa and Others, the court addressed whether a conditional transfer of immovable property—treated as a mortgage under the Debt Conciliation Ordinance—could be reconveyed using summary procedure or must adhere to regular procedure. It was determined that the statutory remedy for reconveyance under section 39 of the Debt Conciliation Ordinance requires initiation by regular procedure, with summary procedure being inapplicable. The decree nisi obtained through summary proceedings was thus deemed void, and all related legal steps were quashed. The decision reaffirmed principles under sections 29 and 39 of the Debt Conciliation Ordinance and section 8 of the Civil Procedure Code, underscoring the requirement for strict procedural compliance in such reconveyance actions