Bulathsinhala Arachchige Indrani Mallika Vs. Bulathsinhala Arachchige Siriwardane and others – SC APPEAL 160/2016-2022

In the case between Subasinghe Mudiyanselage Rosalin Bertha (deceased, substituted by Mary Margrat Miranda Solangarachchi) and Maththumagala Kankanamlage Jayasekera (16th Defendant-Appellant) among other parties, the Supreme Court addressed the validity of a partition judgment challenged on the grounds of non‑substitution of deceased parties. The court held that the partition judgment remains legally effective, determining that express statutory provisions governing substitution in partition actions validate proceedings despite procedural omissions, and that a decision alleged to be “per incuriam” retains its force unless clear statutory mandates are contravened. The reasoning reaffirmed that lower courts are not obliged to disregard binding decisions absent overlooked statutory provisions