W.O. Nandawathie Sumanasekera v. A.S.M. Nizam – CA APPLICATION NO.CA REV 67/2007-2016

In the case between W.O. Nandawathie Sumanasekera, O. (or D.) Wijesooriya, and W.O.A. (or W.D.A.) Kanthi (plaintiffs) and A.S.M. Nizam (deceased) substituted by Shahul Hameed Hamsathul Maleena and others (defendants), the court addressed whether the District Court erred in granting judgment and decree in favor of the plaintiffs for declaration of title and eviction, given alleged procedural lapses, including proof of title, ex parte proceedings, delayed revision, and compliance with Civil Procedure Code requirements. It was held that the proceedings were essentially inter partes, the defendant had proper notice, and the ex parte protections of Section 85(4) did not apply. Relief by way of revision was denied due to an unexplained eleven-year delay and lack of merit. The principle reaffirme