Rev Indurewe Dhammananda v. Piyatissa and Another – sllr 2001 volume 3 page 365

In the case between Rev Indurewe Dhammananda (Plaintiff) and Piyatissa and Another (Defendants), the court examined whether a failure by the plaintiff to comply with Section 5 of the Partition Law—by not including all persons potentially entitled—rendered the inclusion of certain lots in the partition decree invalid. The central inquiries addressed were the scope of judicial revisionary powers concerning procedural lapses, the legal significance of a Surveyor’s Report identifying which lots should constitute the partition corpus, and the applicability of Section 48 regarding the finality of interlocutory decrees. The court held that lots (2, 3, 5, and 8), explicitly indicated by the Surveyor’s Report as not forming part of the corpus, were improperly included in the partition decree due to