Nandawathie vs. Anura Bandara and Others – sllr 2019 volume 1 page 046

In the case of Nandawathie v. Anura Bandara and Others, the court examined whether a trial held despite the registered attorney’s statement of having “no instructions” should be deemed inter partes rather than ex parte. The central issue was the validity and timeliness of the 26th Defendant’s application under section 48(4)(a)(iv) of the Partition Law to set aside the judgment and interlocutory decree. The proceedings established that the trial, having the attorney present, was inter partes, rendering the subsequent application to set aside out of time. Further, the appeal was identified as procedurally misconceived under the Partition Law, which mandates specific avenues and limitations. The holding reaffirmed the strict compliance required by statutory timelines and the proper remedy in