Punchirala Arachchilage Dingiri Appuhami (Deceased) vs. Edirisinghe Mudiyanselage KiriBandara et al – CA 555/94 F -1994

In the case between Punchirala Arachchilage Amarathunga (substituted for Punchirala Arachchilage Dingiri Appuhami) and several defendants including Edirisinghe Mudiyanselage Kiribandara and Liyana Pathiranahalage Podimanike, the court addressed whether the District Judge’s judgment in DC Kuliyapitiya Case No. 6218/L should be set aside based on procedural deficiencies and failure to consider material evidence, especially a partition action record (document 8d3) related to the plaintiff’s claimed right of way. It was held that the District Judge’s omission to evaluate document 8d3 constituted a significant procedural lapse requiring the original judgment to be set aside. However, the substantive dispute was not determined due to the absence of all necessary parties. The principle was reaffi