Cornelius Perera vs Leo Perera – CA RI/01/2019-2018

In the case between W.R. Perera (Plaintiff/Petitioner) and the Special Educational Society, Polommaruwa, Tangalle along with P.M. Sirisena, M.M.S. Franklin, and K.V. Aariyasena (Defendants/Respondents), the court addressed whether a settlement order recorded on 13.03.2018 by the District Court of Tangalle, which included an “additional condition,” should be set aside on grounds of mistake or procedural defect. It was held that the inclusion of this condition—agreed to by counsel without proper authority and neither authorized nor understood by the visually impaired Plaintiff—rendered the consent decree susceptible to being set aside, as the requisite legal procedures under Article 138 of the Constitution of Sri Lanka and sections 91 and 408 of the Civil Procedure Code had not been satisfie