Sammu Gunasena vs Demuni Punchi Singho – CA 976/97 F -2021

In the case between Demuni Kithsiri, Demuni Kusalawathi, and Demuni Chandrani (substituted Plaintiffs for Demuni Punchi Singho, deceased) and Sammu Gunasena (Defendant-Appellant, substituted for Sammu Patin de Silva, deceased), the Court of Appeal addressed the rectification of an alleged arithmetical error in a partition judgment under Section 189(1) of the Civil Procedure Code. It was determined that the District Judge’s denial of the application, based on lateness and finality of evidence, did not account for the uncontested nature of the evidence or the precise computation requested. The appellate findings established the need for reassessment of the schedule of shares due to reliable deed evidence and the Plaintiff’s testimony, affirming that courts must correct demonstrable errors, e