Original Plaintiff vs. Defendants – CA RII 10/2020-2018

In the case of Rajapaksa Arachchilage Newil Suranga Ratnawardane (substituting for the deceased Rajapaksa Arachchilage Ratnawardane) v. Amarakoon Arachchilage Chandralatha Amarakoon and others, the Court of Appeal addressed whether the Plaintiff was entitled to revision and/or restitutio in integrum to set aside the District Court’s judgment dated 03-05-2018 regarding a partition action. The proceedings examined the maintainability of the Plaintiff’s application on grounds of fraud, fresh evidence, mistake, exceptional circumstances, and laches. It was determined that the Plaintiff failed to demonstrate any recognized ground justifying the exercise of the Court’s revisionary jurisdiction or a basis for restitution, reaffirming the principle that such relief is available only in the presenc

REF: CA RII 10/2020-2018 Category: Tag:
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