Sopaya Silva and Another v. Magilin Silva – sllr 1989 volume 2 page 105

In the case between Sopaya Silva and Another (plaintiffs) and Magilin Silva (defendant), the court addressed the issue of a discrepancy between the extent of land described in the plaint and the extent surveyed in a partition action, as well as concerns regarding the registration of the lis pendens and the denial of natural justice due to the District Judge’s failure to hear the parties. The court held that the error pertained not to the registration of the lis pendens, but to the preliminary survey, and that the matter was improperly dismissed without affording an opportunity to the parties to address the discrepancy. The principle that parties must be heard before an adverse decision is rendered was reaffirmed. Reliance was placed on procedural provisions of the Partition Law, clarifying