De Costa and Others v. De Costa and Others – sllr 1998 volume 1 page 107

In De Costa and Others v. De Costa and Others, the court addressed whether an order made under Section 48(4)(a)(iv) of the Partition Act constituted a final judgment as understood under Section 754(1) and (5) of the Civil Procedure Code, or if it functioned merely as an interlocutory order requiring leave to appeal. The matter involved the rights of several parties contesting the status of a judicial order issued during partition proceedings. It was determined that the order in question, having conclusively disposed of the parties’ substantive rights, met the test of finality per established legal principles and authoritative case law, including Siriwardene v. Air Ceylon Ltd. and Salaman v. Warner. The judgment established that such orders are directly appealable and not subject to prelimi