Malwatta v. Gunasekera and Others – sllr 1994 volume 3 page 168

In the case between Malwatta (the fourth defendant in the partition action) and Gunasekera and others, the court addressed the issue of whether the petitioner’s failure to personally appear at the trial—despite filing a statement of claim and being represented by counsel—entitled the petitioner to seek vacation of the interlocutory decree under Section 48(4) of the Partition Law (Act 21 of 1977). It was held that representation by a lawyer constitutes appearance for purposes of trial, precluding relief under Section 48(4) and reaffirming the principle that counsel’s appearance complies with the statutory requirement. This determination relied upon the relevant provisions of the Partition Law, Civil Procedure Code, and pertinent case law, emphasizing that procedural safeguards are satisfied