W.M. Muthumanika v. W.M. Wimaladasa & Others – CA REVISION APPLICATION NO. 130/2014-2022

In the case between Thennakoon Mudiyanselage Chithra Kumari Thennakoon (Substituted 8th Defendant/Petitioner) and W.M. Muthumanika (Plaintiff/Respondent) and others, the Court of Appeal addressed whether revision or restitutio in integrum should be granted to set aside a 1979 partition judgment and decree, and a 1998 order, in Partition Case No. 60/P. The application was brought on grounds that proprietary rights were affected owing to the interlocutory decree, with allegations of fraud, collusion, and lack of proper participation. The court held that neither exceptional circumstances nor fraud, collusion, or procedural defects were proven to an extent warranting extraordinary relief. The principle reaffirmed is that such remedies are discretionary and reserved for clear cases of miscarria