SuduDewage John Jayasiri vs S.S. Fernando – 304/2012-2014

In the case between SuduDewage John Jayasiri (3A Defendant–Appellant–Petitioner) and S.S. Fernando (Deceased), S. David, G.M. Fernando, H. Saina, and others (Plaintiff-Respondents), the court addressed the issue of whether *restitutio-in-integrum* could be granted following the finality of a partition decree, particularly where the applicant alleged deprivation of a fair trial due to procedural irregularity or absence of proper compromise. The court held that such extraordinary relief is only available in exceptional circumstances and cannot be granted once a partition decree has been finally entered and registered, especially where negligence or inordinate delay is evident. The principle reaffirmed was the statutory finality of partition decrees under Sri Lankan law and the circumscribed

REF: 304/2012-2014 Category: Tag:
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