Kulathunga Mudalige Don Albert vs Lokugonaduwage Marthina Perera – CA REVISION APPLICATION NO. 1140/2001-2012

In the case between Kulathunga Mudalige Don Albert (Plaintiff) and Lokugonaduwage Marthina Perera, Dissanayake Simon Dharmadasa, Somawathie Dissanayake, and others (Defendants), the court addressed the validity of proceedings in a partition action, specifically concerning the entitlement of the 23rd and 24th Defendant-Petitioners to set aside an interlocutory decree and final judgment under Section 48(4) of the Partition Law based on allegations of lack of notice, purported defects in procedure, and failure to attend trial due to alleged unavoidable circumstances. It was held that the Petitioners failed to establish both a lack of due process in the partition proceedings and a valid unavoidable cause for nonappearance. The requirements for intervention under Section 48(4) were found not to