Perera and Others v. Adline and Others – sllr 2000 volume 3 page 093

In the case of PERERA AND OTHERS v. ADLINE AND OTHERS, the court addressed the issue of whether individuals not made parties to a partition action are estopped from subsequently challenging the finality of an interlocutory decree when seeking damages under Section 49 of the Partition Act. It was held that such non-parties, by filing separate actions for damages and failing to exercise due diligence in seeking addition to the original proceedings, become estopped from denying the validity or finality of the interlocutory decree. This ruling reaffirmed the principle that remedies for non-parties prejudiced by a partition decree are limited to claims for damages, for which a charge is created on the allotted share, as provided by Sections 48 and 49 of the Partition Act. The decision underscor