Asokan vs Siriwardana – sllr 2020 volume 1 page 001

In the case between Asokan (Plaintiff) and Siriwardana (Defendant), the court addressed the issue of whether an action for declaration of title and ejectment is maintainable when the estate of a deceased person has not undergone proper administration, specifically with reference to Section 547 of the Civil Procedure Code. It was held that while Section 547 restricts maintainability of such actions in the absence of administration, it does not negate the legal effects of inheritance by common law. The principle reaffirmed is that procedural bars should not prevent substantive examination when justice requires full adjudication. Reliance was placed on statutory interpretation and prior legal standards, emphasizing that dismissal on procedural grounds alone was improper and ordering a re‑tria