HathuruSinghe Premadasa Silva vs Mahadurage Sisiwathi Perera – CA NO: 319/98 F -2013

In the case between Mahadurage Sisiwathi Perera (Complainant-Respondent, Plaintiff) and HathuruSinghe Premadasa Silva (Defendant-Appellant), the court addressed whether an order by the District Judge of Kalutara, dated 6th February 1998, refusing to add certain parties as requested by the 7th, 8th, and 9th defendants in their amended statement of claim, should be set aside on appeal. It was determined that the appeal was directed against an “order” rather than a “judgment,” raising issues regarding its maintainability without leave of court. The case further involved the appellants’ conditional willingness to withdraw the appeal, provided their right to institute a new partition action concerning other land parcels was safeguarded. The decision reaffirmed the principle that withdrawal of a