Malewana Vithanage Dona Nandawathie v. Galhenage Malani Perera and Athukoralage Peman Perera – CA NO. 530/98 F-2012

The case between Malewana Vithanage Dona Nandawathie (Plaintiff/Respondent) and Galhenage Malani Perera (1st Defendant/Appellant) with Athukoralage Peman Perera (2nd Defendant/Respondent) addressed the legal validity and binding effect of a settlement, notified to and recorded by court, under Section 408 and Section 91 of the Civil Procedure Code. The determination established that settlements given effect by a decree require clear evidence of the consent of both parties involved, as emphasized in Dasanaike Vs Dasanaike. It was found that the settlement between the Plaintiff/Respondent and the 2nd Defendant/Respondent fully complied with statutory requirements, and that the 1st Defendant/Appellant, not being a party to the agreement or having raised issues at trial, was bound by its terms.