Kulasekara Mudiyanselage Wickramasinghe Kulasekara Puhulegama vs A.P. Somaratna – CA 187/97 F -2017

In the case between Weerasuriya Arachchi Appuhamilage Somapala and others (Plaintiff-Respondents) and Kulasekara Mudiyanselage Gunasekara and others (Defendant-Appellants/Respondents), the court addressed whether the District Judge’s decision in a partition action was rendered on the correct set of issues, specifically after recommencement of the trial due to a change in presiding judge. It was held that the District Judge erroneously relied on issues framed during the original trial (1987) and failed to adjudicate based on the issues framed after retrial commenced in 1989, thereby not properly evaluating the evidence in light of the operative issues. The principle reaffirmed is that, upon recommencement of a trial with new issues framed, a court must determine the matter according to thos