Soysa vs. Fernando – sllr 2012 volume 1 page 182

In Soysa v. Fernando and Others, the court considered whether a defendant who has admitted the plaintiff’s title in the pleadings may subsequently deny such an admission at trial. It was held that once an admission is expressly made in pleadings regarding a party’s title, that admission is binding and cannot be repudiated later during proceedings. The principle was reaffirmed that the trial may proceed solely on the basis of such admissions, according to Sections 72, 75(d), and 150 of the Civil Procedure Code and Section 58 of the Evidence Ordinance. This decision underscored the finality and binding effect of recorded admissions, ultimately allowing the plaintiff’s appeal, setting aside the District Court’s order, and awarding costs.

Eric Basnayake J. — The findings established that the