Dissanayake v. Elisnahamy – 1978_79 volume 2 page 118

In Dissanayake v. Elisinahamy, the court considered a partition dispute regarding the entitlement to property shares following the death of a co-owner. The main issue concerned whether the Court of Appeal possessed jurisdiction to set aside an interlocutory or final decree via revision or restitutio-in-integrum under the Partition Act, in circumstances where the petitioner—a non-party to the initial partition action—claimed to represent an additional heir not disclosed in the original proceedings. The proceedings originated from a judgment that allocated shares based on the existence of five children, with the petitioner subsequently contending that a sixth child existed. The application sought to annul the previous decree and initiate a fresh trial. The court established that the Partitio