B. Jayalath Liyana Arachchige Somatilake vs Ruwanpathiranage Ransinahami – CA 875/98 F -2013

In the case between B. Jayalath Liyana Arachchige Somatilake (Defendant-Appellant-Petitioner) and Ruwanpathiranage Ransinahami (Substituted Plaintiff-Respondent), the court addressed whether the District Judge erred by allocating a share of land to a party who was not named in the original action. The findings established that the District Judge wrongly distributed a share to a “4th defendant” who was not an original party, leading to procedural irregularity. It was determined that this error required the contested judgment to be set aside and a retrial to be conducted with appropriate notice to all parties concerned. The decision reaffirmed the principle that all parties to whom property rights are allocated in partition proceedings must be properly named and made parties to the action. R