Weerasinghe vs. Wijesundara and Others – sllr 2021 volume 2 page 286

In WEERASINGHE vs. WIJESUNDARA AND OTHERS, the court addressed the nature of partition actions and the effect of deeds executed after the institution of such actions but before the registration of lis pendens. It was held that a partition action is not an ordinary civil action based on a traditional cause of action; rather, it is governed by specific statutory provisions that give each co-owner an inherent right to a share of the property. The legal validity of a deed executed after the institution of the partition action, but prior to the registration of lis pendens, was affirmed. This decision reinforced that partition actions are unique in both procedure and substantive law, emphasizing the controlling effect of the Partition Law over general civil procedure rules. The court directed th