W.A. Nandana Athuda v. Sarath Moregoda – CA 1441/2001-2011

The case between Sarath Moregoda (Plaintiff-Respondent) and W.A. Nandana Athuda (2nd Added Defendant-Petitioner), among other parties, addressed whether the 2nd added defendant-petitioner was entitled, under section 765 of the Civil Procedure Code, to file an appeal out of time on the ground of absence of notice regarding critical proceedings in a partition action. It was held that the petitioner had, or ought to have had, adequate notice and legal representation through changes in proxies and counsel, and therefore was not prevented by circumstances beyond control from pursuing a timely appeal. It was established that procedural fairness had not been breached, and the refusal to admit the out-of-time appeal reaffirmed that the exercise of discretion under section 765 CPC is contingent upo