Wickremasinghe Arachchilage Mudiyanse vs W.A. Jayasooriya Wickramasinghe Jeewana – CA L.A./441/05-2022

In the case between Wickremasinghe Arachchilage Mudiyanse, Jeewana, Dewalegama (10th Defendant/Appellant) and W.A. Jayasooriya Wickramasinghe Jeewana, Dewalegama with several named respondents, the court considered whether a partition judgment entered without the participation and representation of the 10th Defendant could be upheld. The legal issue focused on the validity of a district court settlement and judgment when a party was absent and did not consent, and on compliance with statutory and procedural safeguards mandated in partition actions. It was held that such procedural irregularities infringed upon the requirements of natural justice and statutory procedure, necessitating that the earlier judgment be set aside. The decision reaffirmed the principle that strict compliance with p

REF: CA L.A./441/05-2022 Category: Tag:
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