Nimalawathie vs. Perera & Another – sllr 2015 volume 1 page 393

In Nimalawathie v. Perera & Another, the court addressed whether a non-party to a partition action may seek revision to set aside interlocutory and final partition decrees. It was held that revision lies only in exceptional circumstances and such relief is discretionary, especially when the applicant was neither a party to the original proceedings nor demonstrated exceptional grounds warranting intervention. The binding and final nature of partition decrees under the Partition Law (No. 21 of 1977) was reaffirmed, and revision was deemed unavailable in cases where alternative remedies exist or where delay and laches are present. The legal reasoning relied on statutory provisions (including sections 44 of the Evidence Ordinance and 48, 49, and 69 of the Partition Law), emphasizing that parti