W.R. Perera vs Special Educational Society et al. – CA RI/01/2019-2021

In the case between W.R. Perera (Plaintiff/Petitioner) and the Special Educational Society, Polommaruwa, Tangalle, P.M. Sirisena, M.M.S. Franklin, and K.V. Aariyasena (Defendants/Respondents), the court addressed whether a consent decree and related settlement—recorded in the District Court of Tangalle and allegedly incorporating a disputed additional condition without the Plaintiff’s knowledge—could be set aside via restitutio in integrum for mistake and noncompliance with procedural requirements. It was held that the settlement failed to meet mandatory formalities under sections 408 and 91 of the Civil Procedure Code, particularly due to the lack of written terms at the time of recording and the Plaintiff’s lack of informed consent to the additional provision. Legal precedent established