Mendis v. Dublin De Silva and Two Others – sllr 1990 volume 2 page 249

In the case between Mendis (Plaintiff) and Dublin de Silva and others (Defendants), the Supreme Court addressed the determination of locus standi under Article 128(1) of the Constitution, specifically whether the 5th defendant qualified as an “aggrieved party” entitled to appeal. The matter arose from a partition action, where the original District Court decision dismissing the action was reversed by the Court of Appeal, which allotted shares and awarded compensation to the 5th defendant despite the absence of a statement of claim. On appeal, it was held that the 5th defendant, having neither filed a statement of claim nor actively contested at trial, did not satisfy the requirements for being an “aggrieved party” as articulated in In re Sidebotham and under Article 128(1). The Court rejec