Ariyasena v. Gunatilake – sllr 1990 volume 2 page 244

The case between Ariyasena (Plaintiff-Respondent) and Gunatilake (15th Defendant-Petitioner) addressed the issue of the determination of pro-rata costs in a partition action under Section 57 of the Partition Law. It was held that where a partition action is uncontested and valuation in the plaint is exempted from stamp duty, such valuation does not influence the recoverable costs. The applicable statutory provisions (Sections 57, 74, 29, and 32 of the Partition Law) and established judicial precedents direct that costs must be based on the value appraised at partition. This decision reaffirms the principle that cost assessment in partition suits must follow the appraised valuation, not the exempted sum in pleadings, and emphasizes that challenges to appraisement made at the late stage are