LA Jayasingha, Bulugahadeniya, Kalewela, Hettimulla Deceased 1st defendant-appellant Vs LR Podinilame, Bulugahadeniya, Kalewela, Hettimulla plaintiff-respondent – CA 1273/96F-1996

In the case between L R Podinilame (plaintiff-respondent) and L A Jayasingha and L A H Chandimal Jayasingha (defendant-appellants), the court addressed whether the District Court possessed the legal authority under Section 189 of the Civil Procedure Code to amend a judgment and interlocutory decree in a partition action to correct the allocation of shares on the basis of an alleged accidental slip or clerical mistake. It was held that a refusal to consider such an amendment was a misinterpretation of Section 189, which empowers the court to correct accidental slips, omissions, or clerical/arithmetic errors in its judgments or decrees. Reliance was placed upon relevant precedent, including Silva v Silva, Dharmadasa v Maria, Thambipillei v Muthu Kumarasamy, and Sumanadeva v Sediris, undersco

REF: CA 1273/96F-1996 Category: Tag:
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