Gunasiri Kithsiri Hemal Dias Vs. Trixie Dias Gunasinghe and 86 Others – SC APPEAL 174/2015-2025

This case involves a partition action initiated 47 years prior concerning a valuable land in Hikkaduwa. The original plaintiff and subsequently the 59th defendant, who was substituted as plaintiff, failed to comply with statutory requirements, including the proper impleading of all claimants as mandated by Section 5 of the Partition Law. The actual extent of the land was found to be considerably less than initially claimed. The 59th defendant’s substitution was questioned due to a lack of documentation for the alleged transfer of rights and potential contravention of Section 66 of the Partition Law, raising doubts regarding locus standi. The action was dismissed for want of appearance, and a subsequent application to purge default was refused by the District Court and affirmed by the High