Amerasinghe v. Podimenike and Others – sllr 1997 volume 1 page 349

In the case between Amarasinhge and Podimenike and Others, the court addressed the issue of whether, after a plaintiff deliberately withdraws a partition action, a defendant who has previously sought dismissal may subsequently continue prosecuting the same action. The court held that the deliberate act of withdrawal by the plaintiff prevents the defendant from prosecuting the partition action, as the Partition Act does not authorize such a procedure. This decision reaffirmed the principle that prosecution of a partition action by a defendant is only permitted upon the plaintiff’s failure or neglect to prosecute, not in cases of deliberate withdrawal. The determination relied on Section 70 of the Partition Act, 21 of 1977, and its proviso, emphasizing the statutory limitation on a defendant