Kalaivaani Thevasahayam v. Kunchithamby Rajaretnam – CA NO. 1386/2000 F -2015

In the case between Kalaivaani Thevasahayam (Plaintiff-Appellant) and Kunchithamby Rajaretnam (Defendant-Respondent), the court addressed the issue of whether an amendment to a divorce settlement decree could be permitted on the basis that the land stipulated for donation under the settlement did not belong to the Plaintiff-Appellant, but to her mother. It was held that the mere discovery of such a fact did not justify amending or setting aside the decree, as no excusable or induced mistake was established. The principle reaffirmed was that settlements recorded in court are binding absent fraud, inducement, or excusable mistake known to the other party. Reliance was placed on authorities such as Buddhadasa Kaluarachchi v Nilami Vijewikrama and Mudiyanse v Bandulahamy, emphasizing that part