Perera, A.W. v. Belin Menike – sllr 1982 volume 1 page 206

In the case between A. W. Perera (plaintiff) and Belin Menike (defendant), the court addressed whether an agreement allowing a judge to inspect disputed land and decide the matter based on that inspection constituted a valid procedure under the Civil Procedure Code, or whether it improperly transformed the judge into an arbitrator. The court held that such an agreement is lawful and enforceable when both parties consent, and that the District Judge’s inspection and subsequent decision conferring a right of way to the plaintiff did not breach statutory requirements. The decision reaffirmed the principle that judicial inspections sanctioned under Section 428 of the Civil Procedure Code may inform adjudication provided party consent, and dismissed the defendant’s application for restitutio in