Madilin Nona and Others vs. Ranasinghe and Others – sllr 2012 volume 1 page 155
In the case between the Plaintiff (Respondent) and the Defendant (Petitioner/Appellant) regarding demarcation of boundaries and ejectment from property, the legal questions centered on the finality of a District Court order dismissing the Plaintiff’s case while allowing a counterclaim to proceed and the procedural propriety of the appellate route under the Civil Procedure Code. It was determined that such an order does not possess the finality of a judgment within the meaning of Section 754(5) and that the appeal must follow Section 754(2). The principle reaffirmed was that dismissals addressing only part of the dispute, with substantial matters still pending, do not constitute final judgments. The reasoning relied on established precedents, including Chettiar’s case, Salaman v. Warner, an

