Karunarathne Senarath Appuhamillage Indra vs Jayasinghe Aratchige Somaratne – SC APPEAL NO.46/2014-2021

In the case between Karunarathne Senarath Appuhamillage Indra Beatrice Nanayakkara (Plaintiff) and Jayasinghe Aratchige Somaratne (Defendant), the court addressed whether an action seeking both a declaration of title to land and additional reliefs (such as boundary demarcation, erection of a fence, and ejectment for trespass) constitutes an improper combination of claims in violation of Section 35(1) of the Civil Procedure Code. It was held that the Plaintiff’s action was essentially for a declaration of title and that the ancillary prayers for boundary definition and consequential reliefs did not require separate leave from court under Section 35(1). The principle reaffirmed was that consequential reliefs, including boundary demarcation and ejectment, do not convert a singular claim for t