Mohamed Ali Mohamed Mufassal vs Mohamed Faiz and others – SC Appeal 0051/2024-2025

In the matter of a partition action concerning ‘Bulugahawatta’, the Supreme Court addressed the issue of whether partition proceedings become defective when a party’s Registered Attorney assumes judicial office without informing clients, thereby allegedly rendering their proxy invalid. The court held that it is the attorney’s primary duty to inform clients of cessation of practice and the parties’ responsibility to notify the Court, not the Court’s burden to monitor. The findings established that interlocutory decrees are final despite procedural defects under Section 48(1) of the Partition Law, and the 4th to 6th Defendants-Respondents could not invoke Section 48(4) as they had not filed statements of claim. This decision reaffirmed the principle of party diligence and the finality of par