W.L.P. H. Somasiri Wijesinghe v. W.L.P. Victor Somasiri Wijesinghe – CALA 260/2005-2011

In the case between W.L.P. Victor Somasiri Wijesinghe (substituted plaintiff-respondent) and W.L.P. H. Somasiri Wijesinghe (4th defendant-petitioner) with additional defendant-respondents, the court addressed whether a partition case dismissed for plaintiff’s absence could be restored to the trial roll under section 87(3) of the Civil Procedure Code (CPC), and whether prior objections withdrawn under a settlement could be re-agitated by the same party. It was held that the restoration of such a case is permissible, and that a party is bound by the withdrawal of objections effected during a formal settlement. The principle reaffirmed was that procedural dismissals may be set aside under section 87(3) CPC, and settlements withdrawing objections preclude subsequent challenges on the same grou