Gnanasambanthan v. Rear Admiral Perera and Others – sllr 1998 volume 3 page 169

In the case between Gnanasambanthan (Appellant) and Rear Admiral Perera and others, including the Rehabilitation of Property and Industries Authority (REPIA) (Respondents), the court addressed whether REPIA must be joined as a necessary party in applications for a Writ of Certiorari and a Writ of Mandamus challenging a divesting order. It was determined that REPIA, as the authority empowered to issue divesting orders, is an indispensable party to such proceedings. The holding established that a failure to implead REPIA constitutes a fatal irregularity, precluding consideration of the merits. Reliance was placed on established case law underscoring the imperative of including all necessary parties to ensure proper adjudication. This decision reinforces the procedural requirement that the re