Ekanayake Mudiyanselage Somaratne vs Bulanawewe Gedera Loku Banda Dharmasena – SC APPEAL 29/2014-2022

In the case between Bulanawewe Gedera Loku Banda (plaintiff) and Ekanayake Mudiyanselage Somaratne (4th defendant-appellant) with other multiple defendants, the Supreme Court examined the proper constitution of an appeal in a partition action, specifically whether the appeal was fatally defective due to the omission of necessary parties as respondents. The court held that such defects, while material, are curable through the procedural discretion provided under section 770 of the Civil Procedure Code rather than section 759(2). The principle reaffirmed is that an omission to name necessary parties may be remedied where no substantial prejudice has occurred, and corrective steps may be ordered. Authorities and statutory provisions on partition actions and appeal procedures were extensively