Jayalath Dharamaratne vs Ethugalge Nelson Jayaratne – CA NO: 899/98-2013

The case between Ethugalge Nelson Jayaratne (Plaintiff-Respondent) and Jayalath Dharamaratne (Deceased) and others (Defendant-Appellants) concerned whether the order dated 29.05.1998, made under Section 86 of the Civil Procedure Code, should be set aside. The dispute centered on a discrepancy between the land described in the plaint (Deed No. 7701) and the land referenced in the district court’s judgment (Deed No. 7702), raising questions about the validity of the underlying judgment. The court determined that the appeal was strictly limited to the order under Section 86 and not a review of the original district court judgment. Upon the Appellant’s request, and with no objection from the Respondent, the appeal was allowed to be withdrawn, reserving the right for fresh action concerning Dee