Ratnayake Mudiyanselage Heen Banda et al. vs. Ratnayake Mudiyanselage Ratnayake et al. – CA RI 04/2018-2020

In the case between Ratnayake Mudiyanselage Heen Banda, Bissomenika, and others (Plaintiffs) and Ratnayake Mudiyanselage Ratnayake, Podimenike, and others (Defendants), the court addressed the issue of whether Petitioners, not parties in the original partition action, could have the partition judgment and interlocutory decree set aside through revision or restitutio in integrum under Section 48 of the Partition Act. It was held that the Petitioners failed to establish entitlement to such remedies, reaffirming the principle that partition decrees, once entered, possess finality and bind all interested parties, including heirs and representatives, irrespective of procedural omissions such as the failure to substitute legal representatives. This decision relied on the interpretation of Sectio

REF: CA RI 04/2018-2020 Category: Tag:
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