Wickrama Gunaratna Pinidiya Sirisena vs. Wickrama Gunaratna Pinidiya Ariyatilaka & Others – CA RII/02/2021-2022

In the case between Wickrama Gunaratna Pinidiya Sirisena and Wickrama Gunaratna Pinidiya Ariyatilaka (among others), the court addressed the issue of whether the error in excluding or misclassifying certain Lots from the partition corpus constituted an “accidental slip or omission” under Section 189 of the Civil Procedure Code. It was held that such error was not accidental but resulted from a conscious or deliberate act, and was therefore not amenable to correction under Section 189. The decision reaffirmed the principle that only accidental or clerical errors, not deliberate actions, fall within the purview of Section 189. The holding relied on established precedents including Mohamed Iqbal v. Mohamed Sally and Surangi v. Rodrigo. The court emphasized that a party aggrieved by such error