Jayasekera vs. Perera – sllr 2011 volume 2 page 029

In the case between Jayasekera (and successors) and Perera (and certain co-owners), the court addressed the issue of whether a partition action relating to Poththewela Owita was procedurally valid, despite deviations from Section 187 of the Civil Procedure Code. It was held that the District Court’s judgment in favor of the Plaintiff should be upheld, as no substantive prejudice was caused by the absence of a notarially executed document evidencing an amicable family division. The principle reaffirmed is that procedural irregularities not resulting in injustice or prejudice do not vitiate judgments where the totality of evidence substantiates the Court’s findings. Legal reasoning was anchored in relevant statutes and precedents, emphasizing the sufficiency of evidence over technical lapses