DECLARATION OF TITLE & EJECTMENT*** The Defendants in the answer had admitted the corpus and sought a declaration of title to the corpus in their favour. At the trial too the subject matter was admission admitted. After issues were raised the defendants defaulted in the appearance and trial heard exparte and plaintiff’s case dismissed for want of proof of the identity of the subject matter. Section 58 of the Evidence Ordinance enacts that admitted facts need not be proved unless the court requires it be proved otherwise than by such admissions. In this case, the Court did not require such proof. No issue was raised at the trial on the identification of the corpus. BOTH PARTIED HAD RAISED ISSES ON THE BASIS THAT THE CORPUS HAD BEEN ADMITTED. The system of justice we practice is adversarial as opposed to inquisitorial, and therefore, the Judge shall decide the case as it is presented before him by the two contesting parties and not in the way the Judge prefers it to have been presented before him. [Saravanamuthu v. Packiyam [2012] 1 Sri LR 298 cited with approval) ........“It is not the policy of the Civil Procedure Code to throw out applications for relief for defect in pleadings. On the contrary, its policy would appear to be otherwise.” ...[Silva v. Selohamy (1923) 25 NLR 113] Lord Halsbury emphasized at page 506:[E]very judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the expressions which may be found there are not intended to be expositions of the whole law, but governed and qualified by the particular facts of the case in whichsuch expressions are to be found. The other is that a case is only an authority for what it actually decides. I entirely deny that it can be quoted for a proposition that may seem to follow logically from it. Such a mode of reasoning assumes that the law is necessarily a logical code, whereas every lawyer must acknowledge that the law is not always logical at all. ***** District Court was directed to enter judgment (exparte) in favour of the Plaintiff.

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