Sooriyarachchi vs Ediriweera – CA RESTITUTION 927/2008-2016

In the case between Lakshmi Mangalika Sooriyarachchi (substituted Plaintiff) and Chandrasiri Ediriweera, Ranjan Ediriweera (Defendants), the court addressed whether the petitioner, Mendis Silva Ediriweera, was entitled to restitution-in-integrum with respect to lots 8 and 10, claimed to be part of a prior partition but included in the present partition action without his involvement. The court held that the petitioner had not established grounds for restitution-in-integrum, reaffirming that such relief is only granted where fraud or collusion is proved, and where no other sufficient legal remedy exists. Reliance was placed upon the Partition Law, in particular sections 48 and 49, and supporting precedents, emphasizing that discretionary relief will not be extended where delays and alternat