Hewa Usaranbage Shayamalie Aloka v. Siril Rajapakse et al. – CA RII/05/2017-2022

In the case of Hewa Usaranbage Shayamalie Aloka (Petitioner) v. Siril Rajapakse and Others (Respondents), the court addressed whether restitutio in integrum or revision under Article 138(1) of the Constitution should be granted to set aside a partition judgment and decree, on grounds of alleged fraud and procedural irregularity. It was held that the Petitioner failed to prove fraud, incapacity, or any procedural error sufficient to warrant restitution, primarily due to inadequate and unconvincing evidence and significant delay in bringing the application. The principle reaffirmed is that exceptional remedies such as restitution require strict proof, good faith, the absence of laches, and timely action. Reliance was placed on both statutory requirements and established precedent regarding e