Kamala Wijeweera vs Udumalagala Gamage Pemasiri – CA NO.1187/98 F -2015

In the case between Udumalagala Gamage Pemasiri and Baranige Gnanawathie (along with Hewawasam Tuduwawattage Dhanapala and Kamala Wijeweera), the court addressed the admissibility of new evidence at the appellate stage in a partition action, specifically under Section 773 of the Civil Procedure Code. It was held that new evidence may only be admitted on appeal if strict statutory conditions are fulfilled, reaffirming the principle that appellate courts are required to apply these requirements stringently. Reliance was placed on relevant statutes and established precedents, emphasizing that while the appellate court has a duty to allow parties to raise title issues relevant to the corpus even if such issues were not raised during trial, fresh evidence cannot be admitted unless it meets the