Peiris and Others v. Chandrasena and Others – sllr 1999 volume 3 page 153

In Peiris and Others v. Chandrasena and Others, the court considered whether a partition action under Partition Law No. 21 of 1977 could proceed despite significant delays in prosecution following the entry of judgment. The court determined that dismissal for non-prosecution is not warranted when the delay is attributable to the Court’s own inaction and reaffirmed that post-judgment procedural lapses should not undermine the finality of judicial determinations. In reliance on section 70 of the Partition Act and established legal principles concerning finality of judgments, it was emphasized that a defendant, even without soil rights, may be permitted to prosecute a partition action and that alleged rights acquired by prescription do not override a judgment duly entered. The appeal was dism