W.Don Somaratne vs S.Srimathi Dias – CA NO.25/94-2014

In the case between N. Thilakaratna (Plaintiff-Respondent) and W. Don Somaratne (1st Defendant-Appellant, deceased; substituted by S. Srimathi Dias) and others, the court addressed whether the District Judge correctly recalled probate granted to the Appellant in respect of the estate of G. Alice Perera, based on allegations of fraud. It was held that the criteria for setting aside a probate judgment on the grounds of “fraud upon the court” were not satisfied, reaffirming the principle that mere procedural irregularities or constructive fraud are insufficient—actual, intentional fraud must be clearly established. The decision relied on relevant legal authorities, including Actalina Fonseka v. Dharshani Fonseka, and emphasized that high evidentiary thresholds apply when challenging the valid