Pulwansa Eranda Malaka De Silva and others Vs. Geekiyanage Dulan Priyanga Silva and others – CA RII 0009/2021-2025

The case, in the matter of Pulwansa Eranda Malaka De Silva and others Vs. Geekiyanage Dulan Priyanga Silva and others, addressed the issue of whether non-parties to an original partition action could avail themselves of Restitutio-in-Integrum and whether sufficient grounds for Revision were demonstrated under Article 138(1) of the Constitution. It was held that Restitutio-in-Integrum is available exclusively to parties of the original proceedings, which the petitioners were not. Additionally, the petitioners failed to clearly establish their title or specific claims to the lands in question, with one item explicitly disclaimed and another not part of the corpus with its lis pendens revoked. This decision relied on precedents such as *Perera vs Wijewickrama*, *Menchinahamy vs Munaweera*, an

REF: CA RII 0009/2021-2025 Category: Tag:
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