Edirisinghe Arachchilage Indrani Chandralatha vs Elrick Ratnum 02.08.2017 – CA R.I. 64/2012-2017

The Defendant–Petitioner, Indrani Chandralatha, filed an application for restitutio in integrum seeking to set aside a writ of execution issued by the District Court of Gampaha. The writ had been issued following an alleged breach of a settlement agreement entered into between the parties on 11.03.2011, which had been recorded as a consent decree.

The Plaintiff–Respondent, Elrick Ratnum, raised a preliminary objection arguing that the application was not maintainable because it failed to specify any particular order or act that required restitution and did not challenge the consent decree itself.

Justice Nawaz – The petitioner did not allege fraud, fear, mistake, or any other recognized ground to nullify a consent decree.

The prayer to the petition did not seek to set aside the cons

REF: CA R.I. 64/2012-2017 Category: Tag:
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