Caroline Perera and Another v. Martin Perera and Another – sllr 2002 volume 2 page 001

In the case between Caroline Perera and Another (Plaintiff-appellants) and Martin Perera and Another (Defendant-respondents), the court addressed the issue of whether a defendant, who has defaulted in filing a Statement of Claim in a partition action, can still rely on the plaintiff’s pleaded title, and the extent to which the court’s inherent jurisdiction may be employed to rectify procedural oversights that affect parties’ rights under Partition Law No. 21 of 1977. The court held that, notwithstanding the 1st defendant-respondent’s procedural default, reliance on the plaintiff’s title remained permissible and that judicial powers exist to amend interlocutory decrees to remedy errors caused by court oversight. The principle reaffirmed is that inherent judicial power may be exercised to co