Tissera And Others v. Leelawathie And Others – sllr 2005 volume 2 page 127

In the case between Tissera and Others (Plaintiff/Petitioners) and Leelawathie and Others (Defendant/Respondents), the court addressed whether parties who exclusively claimed a specified lot in a preliminary plan—specifically, the 3rd and 4(a) defendants—could file a statement of claim under Section 25(3) of the Partition Act after being absent at trial, despite a compromise reached among the parties present. It was held that a compromise adversely affecting the rights of absent parties with exclusive claims could not be permitted without granting them an opportunity to assert their case. The case reaffirmed the principle that all parties with exclusive claims must be heard before any compromise or settlement affecting their rights can be sanctioned. The decision relied on the language of