Gunasekera v. Chitra De Silva And Another – sllr 2006 volume 3 page 188

In Gunasekera v. Chitra De Silva and Another, the court addressed the issue of whether a third party, not involved in the original partition proceedings, may intervene after an interlocutory decree has been entered, and whether the District Court’s order allowing such intervention could be revised. It was determined that the District Court acted without jurisdiction in permitting a non-party to intervene after the interlocutory decree, and that the order should be quashed. The principle reaffirmed is that an interlocutory decree entered in partition proceedings is final and conclusive except in specifically enumerated statutory circumstances, and the court cannot set aside such decrees based on a non-party application. This decision relied on the interpretation of Section 48(4) of the Part