Ranjit v. Kusumawathie and Others – sllr 1998 volume 3 page 232

In the case between Ranjit (Plaintiff) and Kusumawathie and others (Defendants), the court addressed whether an order made by the District Court under a partition law application qualifies as a “judgment” for the purposes of appeal under sections 754(1) and 754(5) of the Civil Procedure Code. It was determined that such an order rejecting a special leave application under section 48(4)(a)(iv) of the Partition Law does not amount to a final judgment and is instead an interlocutory order, which is appealable only with leave, not directly. This decision relied on statutory interpretation and the application of legal principles from both domestic law and comparative jurisprudence, reaffirming that the effect and finality of an order, rather than its form, govern its appealability.

Dheeraratne

REF: sllr 1998 volume 3 page 232 Category: Tag:
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