Maduluwawe Sobitha Thero v. Joslin and Others – sllr 2005 volume 3 page 025

The case between Maduluwawe Sobitha Thero (petitioner) and Joslin and others (plaintiff-respondents in the partition action) addressed the issue of whether Section 48(3) of the Partition Law ousts the operation of Section 44 of the Evidence Ordinance, thereby conferring finality to judgments, even those obtained by fraud or collusion, and whether a party with a registered title omitted from partition proceedings is entitled to revisionary relief. It was held that, despite the apparent finality conferred by Section 48(3), fundamental procedural irregularities—specifically, the exclusion of a party with proper title through failure to file an accurate declaration—constitute a fundamental vice and a miscarriage of justice, allowing for the exercise of revisionary powers. The principle reaffir