Samaraweera Mudalige Dona Nilanthi de Alwis.. – CA RII 12/2021-2022

In the case between Samaraweera Mudalige Dona Nilanthi de Alwis (4th Defendant Petitioner) and the Plaintiff Respondents (involving parties in the underlying Partition Action), the court addressed the application for the addition of new parties to proceedings seeking restitutio in integrum due to alleged fraud in a partition judgment. It was held that, while the remedy of restitutio in integrum is ordinarily confined to original parties, serious allegations of fraud, if substantiated, permit the inclusion of additional respondents to prevent miscarriage of justice. The legal reasoning rested on Section 69 of the Partition Law, Roman Law principles, and established case law, emphasizing that allegations of fraudulent misrepresentation and concealment of material facts necessitate a judicial