Jayatissa v. Appuhamy – sllr 2007 volume 1 page 155

In the case between the Plaintiff (initiator of the partition action for Lot No. 3 of “Dodangodagewatte” alias “Dodangahawatta”) and the Defendant (original defendant, later substituted by the 1A defendant-appellant after the original defendant’s death), the court addressed whether a substituted defendant is entitled to a renewed opportunity to object to a scheme of partition after the original defendant had already been afforded such opportunity. It was held that the substituted 1A defendant-appellant cannot be given a further chance to contest or file objections to the partition plan, as the original defendant had received full opportunity in accordance with the process. This decision reaffirmed the principle that substitution under partition law does not extend litigation rights beyond

REF: sllr 2007 volume 1 page 155 Category: Tag:
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