Dinayadura Kanakaratne vs. Wasalage Gunawathie, Dedimuni Kamani Sriyalatha De Silva, and Loku Liyaage Shiromi De Zoysa – SC APPEAL 36/12-2017

In the case between Wasalage Gunawathie (Respondent) and Dinayadura Kanakaratne (Appellant), the court addressed whether the finality attributed to an interlocutory decree in a partition action, under the Partition Law No. 21 of 1977 (as amended), precludes the possibility of subsequent intervention on grounds of procedural non-compliance or fraud. It was held that the interlocutory decree, when entered without serving summons or including all interested parties, is susceptible to challenge, as procedural irregularities may amount to fraud justifying judicial revision under Section 48(3) of the Partition Law. The findings reaffirmed that the statutory requirements of notice and proper joinder of all necessary parties are mandatory in partition proceedings. Reference was made to Sections 5,