W.A.Swarna vs G.M.S.P.De.S.Suriyawansa – CA NO.563/98-2014

In the case between G.M.S.P.De.S.Suriyawansa (Plaintiff-Respondent) and W.A. Swarna (deceased, substituted by D.S. Ranasinghe & A.W. Ranasinghe), E.H. Adlin (deceased, substituted by W.A. Sisira & W.A.S.P. Kumara) (Defendant-Appellants), the court addressed the issue of the plaintiff’s title in a partition action and the impact of name discrepancies on the establishment of title. It was held that minor discrepancies in the name of a predecessor in title (such as “Peter David Rodrigo” versus “Peter Richard Rodrigo”) are immaterial when identity is otherwise clear, thereby reaffirming the principle that substantive justice must prevail over technical defects in description. Reference was made to authorities emphasizing that defects or technical irregularities should not prohibit the correct