Wimalawathie vs Jayawardene – sllr 2004 volume 3 page 110

In Wimalawathie v Jayawardene, concerning the parties Wimalawathie (plaintiff) and Jayawardene (defendant) among others, the court addressed the issue of whether land not covered by the trial judge’s original determination (specifically, Lots M1 and M2) could be included in the final partition plan contrary to the lis pendens and trial findings. It was held that inclusion of excess land beyond the original four acres identified in the lis pendens constituted legal error and caused prejudice. The principle was reaffirmed that courts possess the inherent power to amend their own decrees to correct mistakes and prevent injustice, as implied by section 48(4) of the Partition Act. This decision relied on interpretation of the Partition Act and pertinent precedents, emphasizing that judicial pow