Anthony Appu v. Margret Fernando and Others – sllr 1999 volume 3 page 085

The case between Anthony Appu (plaintiff) and Margret Fernando and others (defendants) addressed the issue of whether a defendant who failed to participate at trial may subsequently file objections to the final scheme of partition under the Partition Law, No. 21 of 1977. It was determined that the District Judge erred in confirming the final scheme of partition without considering the 3rd defendant’s objections. The decision reaffirmed the principle that fair hearing requirements and statutory interpretation of sections 25(1), 25(2), and 35 of the Partition Law allow objections to the scheme even from non-participating parties, provided those objections are timely. The ruling directed a fresh inquiry into these objections and set aside the District Court’s orders, emphasizing that judicial