Lokumanage Sumitra Perera vs Dissanayakage Dona Leelawathie and others – SC/APPEAL/71/2023-2024

In the case between Lokumanage Sumitra Perera (“Yamuna”) and Suriarachchige Rupawathi, Suriarachchige Kamalawathie, Suriarachchige Ariyasena, and others, the court addressed the issue of whether a substituted party in a long-standing partition action may file new pleadings years after the original institution of proceedings. It was held that new positions or pleadings by a substituted party are impermissible at an advanced stage of the litigation, reaffirming the principle that procedural regularity and adherence to statutory provisions under the Partition Law and the Civil Procedure Code must be maintained. The findings relied upon relevant provisions of the Civil Procedure Code, especially section 184, and established that subsequent pleadings by substituted parties after substantial pro