Perera vs. Special Educational Society and Others – sllr 2021 volume 2 page 380

In the case of Perera v. Special Educational Society and Others, the court addressed whether an additional condition erroneously included in a consent settlement—without the knowing approval of the petitioner due to blindness and counsel’s mistaken consent—prejudiced the legal finality of the consent decree under section 408 of the Civil Procedure Code. It was held that the petitioner’s application to set aside the consent decree was justified because mandatory statutory procedures were not complied with, thereby rendering the additional condition invalid. The decision reaffirmed the principle that when important procedural requirements are disregarded and an essential mistake is established, the finality of a consent decree may be set aside in accordance with Roman Dutch law and the Civil