Amarasingha Arachchige Irangani Amarasingha vs Amarasinghe Arachchige Dona Premawathi – CA RII 0079/2024-2025

In the matter of Amarasingha Arachchige Irangani Amarasingha and the Plaintiff-Petitioner-Respondent, the court addressed the issue of the proper procedure for partition actions, specifically concerning non-prosecution and the revival of terminated cases, and the validity of an interim injunction obtained through the alleged suppression of material facts. The court held that the plaintiff’s partition action was improperly handled by the District Court, having been terminated for non-prosecution and then erroneously revived, and that the plaintiff had suppressed material facts regarding the land’s prior partition. This decision reaffirmed the principle that partition actions cannot be merely ‘laid by’ and must be dismissed for non-prosecution under Section 70 of the Partition Law with expli