Francis Wanigasekera and Another v. Pathirana – sllr 1997 volume 3 page 231

In FRANCIS WANIGASEKERA AND ANOTHER v. PATHIRANA, the court considered whether consent to a prepayment order in a partition action is valid when signified by an Attorney-at-Law in the presence of the party, even in the absence of the party’s signature on record, and examined the consequences of failing to comply with such orders under the Civil Procedure Code and the Partition Act. The appeal brought by the first and second defendant-appellants, who disputed the plaintiff-respondent’s claims to land shares, was dismissed. It was held that authorization by legal representation during proceedings is sufficient to bind the party. The findings reinforced that compliance with Civil Law procedures, as historically applied in partition actions, governs the adjudication process, and that purely li