A. D. Wimala Perera vs Harsha Kumara Hettiwatte and others – CA 195/1997-2011

The case between A.D. Wimala Perera (12th Defendant-Appellant) and Harsha Kumara Hettiwatte, Wimala Kumara Hettiwatte, Sarathchandra Hettiwatte (Plaintiffs-Respondents) addressed the issue of whether an appeal, where not all necessary parties were joined and security for costs was not provided to all respondents, is maintainable in partition proceedings. It was held that, although the Petition of Appeal was defective due to failure to include all necessary parties and security for costs, such defects were curable under the contemporary legislative and judicial approach which allows remedial steps for procedural non-compliance when no material prejudice or client bad faith is established. This decision reaffirmed the principle that curable defects, arising from attorney error, do not warran