D.A.S. Dedigamuwa vs G.A.G. Wijeratne – CA REVISION NO.1138/2006-2015

In the case between D.A.S. Dedigamuwa (Plaintiff) and G.A.G. Wijeratne and others (Defendants), with Nalini Devanarayana (Petitioner) seeking intervention, the court addressed whether interlocutory and final decrees in a partition action should be set aside due to procedural defects, specifically the non-inclusion of a necessary party, and whether post-decree intervention was permissible. It was determined that significant procedural irregularities occurred, including failure to notify all necessary parties and non-compliance with mandatory provisions under the Partition Act. The holding established that these failures justified setting aside the decrees and remitting the case for proper hearing, reaffirming the authority of the Court of Appeal to exercise revisionary jurisdiction to preve