W.Nimalawathie v. P.D.K.Perera and P.V.V.Perera – CA REVISION APPLICATION NO. 262/2006-2015

In the case between W. Nimalawathie and P.D.K. Perera and P.V.V. Perera, the court considered whether to set aside interlocutory and final partition decrees due to alleged lack of notice and fraud, on an application by a non-party to the original partition proceedings. It was determined that the partition decrees were final and conclusive under Section 48 of the Partition Act and that such decrees may not be set aside on revision, except in narrowly defined circumstances. The use of revisionary jurisdiction in partition matters was reaffirmed to be discretionary, available only under exceptional circumstances, and rarely exercised where alternative statutory remedies exist. Given the petitioner’s unexplained and inordinate delay and the absence of exceptional circumstances, the application