Soysa v. Silva and Others – sllr 2000 volume 2 page 235

In Soysa v. Silva and Others, the court addressed the issue of whether statutory procedures under the Partition Law—particularly concerning compliance with Sections 4, 5, 6, and 19(1)–(3), and the proper registration of lis pendens—were satisfied in a partition action involving disputed identification of the land to be partitioned. It was determined that the procedural prerequisites were not met, rendering the District Court’s prior decision unlawful. The principle reaffirmed is that strict adherence to the Partition Law and procedural statutes is mandatory in partition proceedings, and a defendant who seeks partition of a corpus different from that of the plaintiff must follow procedures applicable to a plaintiff. Reliance was placed on relevant case law and statutory interpretation, with