Samaraweera Mudalige Dona Nilanthi De Alwis vs Samaraweera Mudalige Don Premasiri De Alwis and others – CA RII/0012/2021-2024

In the case between Samaraweera Mudalige Dona Nilanthi De Alwis (defendant-petitioner) and Samaraweera Mudalige Don Premasiri De Alwis, Samaraweera Mudalige Don Asanka Ramesh De Alwis, and others (plaintiff-respondents), the court considered whether a previous district court judgment in a partition action, alleged to have been obtained through fraudulent omissions and non-compliance with mandatory provisions of the Partition Law, could stand. It was held that the intentional omission of the defendant-petitioner from the partition proceedings, the failure to file a mandatory pedigree, and the making of false declarations under Section 12 of the Partition Law constituted fraud that vitiated the impugned judgment. The court reaffirmed the principle that fraud undermines the integrity of all j