Godallawattage Somawathie et al. vs. Hewahakuruge Evgin et al. – SC APPEAL 162/2012-2017

In the case between the Substituted Plaintiff Appellant Respondents (including M.G.D. Gunawardane and others) and the Defendant Respondents (a collection of numerically designated parties contesting partition interests in the Bomaluwe Godella land), the court addressed whether the High Court possessed the authority under Section 773 of the Civil Procedure Code to instruct a trial judge to write a fresh judgment based solely on evidence already presented at trial. It was held that such a directive exceeded the High Court’s statutory powers. The ruling reaffirmed the principle that all framed issues must be addressed by the trial judge under Section 187 of the Civil Procedure Code, requiring comprehensive adjudication with corresponding reasons. The Supreme Court ordered a trial de novo or c