W.Don Alfred Cyril Wijetunga v. W.Don Joslin Freda Wijetunga et al. – CA APPLICATION NO. 241/2011-2016

In the case between W. Don Alfred Cyril Wijetunga (Plaintiff) and W. Don Joslin Freda Wijetunga, Algama Appuhamilage Don Joseph, and others (Defendants), the court addressed whether a final partition decree and resulting writ of possession could be set aside through Revision and Restitutio-in-Integrum, based on the inclusion of a non-party’s property without due participation. It was determined that neither Revision nor Restitutio-in-Integrum was warranted, as the petitioner had notice of the proceedings and failed to establish fraud or collusion sufficient to invoke section 48 of the Partition Act. Delay in seeking relief, lack of promptitude, and the existence of alternative remedies under section 49 precluded the grant of extraordinary remedies. The petition was dismissed with costs, re