Samaraweera Mudalige Dona Nilanthi de Alwis vs. Samaraweera Mudalige Don Premasiri de Alwis and others – CA RII 12/2021-2021

In the case between Samaraweera Mudalige Dona Nilanthi de Alwis (4th Defendant Petitioner) and several Plaintiff Respondents from the original partition action, the court considered whether additional parties could be added to proceedings on a petition for restitutio in integrum, particularly where allegations of fraud in the original partition case were raised. It was determined that, while the remedy of restitutio in integrum is generally limited to parties in the original action, the extraordinary nature of the remedy—in circumstances alleging fraud evidenced by false material and misrepresentation—extends to allow the inclusion of non-parties. Reference was made to Article 138(1) of the Constitution and established authorities addressing fraud and procedural norms, emphasizing that res