Kahandawa Arachchige Kusumawathie v. Arachchi Appuharnilage Subatheris et al. – CA 791/97 F -1997

In the case between Arachchi Appuhamilage Subatheris (Plaintiff-Respondent) and Kahandawa Arachchige Kusumawathie (1st Defendant-Appellant), the court addressed whether the District Court erred in permitting K.A. Sumanawathie to intervene as the 10th defendant in a partition action following the entry of the interlocutory decree. It was held that, pursuant to Section 48 of the Partition Law, interlocutory decrees are final except as otherwise statutorily permitted, precluding intervention after decree barring exceptional circumstances expressly recognized by law. The principle reaffirmed is the statutory finality of interlocutory decrees under partition law, restricting challenges post-decree except as provided by legislation. Reliance was placed on prior authorities addressing the doctrin

REF: CA 791/97 F -1997 Category: Tag:
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