Dona Dayawathie Liyanarachchi vs. Kannangara Koralalage Dona Emi Nona Hamine et al. – CA 236/99 F -1999

In the case between Dona Dayawathie Liyanarachchi and Chandra Kamanie Withana, concerning the partition of the land “Kahatagahawatta,” the court addressed whether the 10th Defendant-Appellant, having defaulted during initial District Court proceedings and failed to set aside the order rejecting her application to purge default, could appeal the main judgment. It was held that such a party is not entitled to maintain an appeal without first setting aside the default order, reaffirming the principle established under Section 25(2) of the Partition Act that parties in default must pursue proper procedural remedies prior to appealing substantive decisions. The decision relied on statutory interpretation and affirmed the necessity for compliance with prescribed procedural frameworks, emphasizin