Wilegodage Mendis v. Thomas Udugampola and Others – CA REVISION APPLICATION NO: 2213/2002-2011

The case between Wilegodage Mendis (Plaintiff-Respondent) and Somawathie Weerasinghe (2nd Defendant-Petitioner), among others, addressed the issue of whether Somawathie Weerasinghe was entitled to revision or restitution of the partition judgment and interlocutory decree under Article 138 of the Constitution and Section 48 of the Partition Law, alleging prejudice due to her inability to attend trial on account of ill health. It was held that the requirements for revisional relief were not satisfied, as no unavoidable absence or miscarriage of justice was established. The principle reaffirmed is that the finality of partition decrees can be set aside only in exceptional circumstances, such as proven prejudice resulting from unavoidable absence at trial, and that parties are generally estopp