IN THE SUPREME COURT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an Application to substitute made under and in terms of Section 404 of the Civil Procedure Code read with Section 79 of the Partition Law SC Appeal 172/16 No.21 of 1977 SC (SPL) LA 113/2016 Kalukapuge Thomas Perera, CA Case No. 541/2000(F) 612, Desingghhe Mawatha, DC Colombo Case No.14564/P Thalangama South, Battaramulla Plaintiff Vs.

1. Kalukapuge Engalthina, 2. Kalukapuge Simiyan, Both of No.612, Desingghhe Mawatha, Thalangama South, Battaramulla

3.Lanka Lands Company Ltd No.347, Union Place, Colombo 02 Defendents AND BETWEEN Lanka Lands Company Ltd No.347, Union Place, Colombo 02

3rd Defendant Appellant Vs.

Kalukapuge Thomas Perera, 612, Desinghe Mawatha, Thalangama South, Battaramulla Plaintiff-Respondent (Deceased)

Kalukapuge Karthelis Perera

622/A, Desinghe Mawatha, Thalangama South, Battaramulla Substituted Plaintiff -Respondent

1. Kalukapuge Engalthina, 2. Kalukapuge Simiyan, Both of No.612, Desinghe Mawatha, Thalangama South, Battaramulla

1st and 2nd Defendant-Respondents AND BETWEEN Communication and Business Equipment (Pvt) Ltd, (Now known as Apogee International(Pvt)

Ltd)

No.99/6 Rosmead Place, Colombo 07 Petitioner Vs.

Lanka Lands Company Ltd, (Now not a legal person)

No.347, Union Place, Colombo 02

3rd Defendant- Appellant - Respondent Kalukapuge Thomas Perera, No.612, Desinghe Mawatha, Thalangama South Plaintiff- Respondent-Respondent (Deceased)

Kalukapuge Karthelis Perera No.622/A, Desinghe Mawatha, Thalangama South Substituted Plaintiff-Respondent -Respondent

1. Kalukapuge Engalthina, 2. Kalukapuge Simiyan, Both of No.612, Desinghe Mawatha, Thalangama South, 1st and 2nd Defendant-Respondent - Respondents AND NOW BETWEEN Communication and Business Equipment (Pvt) Ltd, (Now known as Apogee International(Pvt)

Ltd)

No.99/6 Rosmead Place, Colombo 07 Petitioner-Petitioner Vs.

Lands Company Ltd, (Now not a legal person)

No.347, Union Place, Colombo 02

3rd Defendant- Appellant-Respondent -Respondent-Respondent Kalukapuge Thomas Perera No.612, Desinghe Mawatha, Thalangama South Plaintiff- Respondent-Respondent -Respondent (Deceased)

Kalukapuge Karthelis Perera No.622/A, Desinghe Mawatha, Thalangama South Substituted Plaintiff-Respondent -Respondent-Respondent 1. Kalukapuge Engalthina, 2. Kalukapuge Simiyan, Both of No.612, Desinghe Mawatha, Thalangama South, 1st and 2nd Defendant-Respondent - Respondent-Respondents Before: L.T.B Dehideniya J.

S. Thurairaja PC, J.

Achala Wengappuli J.

Counsels: Nihal Jayamanna PC with Ms. Noorani Amarasinghe for Appellant- Appellant Dr. Jayatissa de Costa PC with Mr. Chanuka Ekanayake for substituted Plaintiff-

Respondent-Respondent - Respondent Argued on: 12.11.2021 Decided on:17.12.2021 L.T.B. Dehideniya, J.

The original Plaintiff instituted the partition action bearing No. 14564/P in the District Court of Colombo against the Defendants to Partition the land more fully described in the 2^nd schedule to the plaint in terms of the Partition Act No.21 of 1997. Subsequently, the 3^rd Defendant- Appellant- Respondent-Respondent-Respondent, Lanka Lands (Pvt) Ltd intervened in the partition action and filled its statement of claim seeking the dismissal of the plaint. After the trial, the learned District Court Judge delivered the judgement dated 04.07.2000 allowing the partition of the land in the manner set out in the judgement. Being aggrieved by the said judgement, 3rd Defendant- Appellant-Respondent-Respondent-Respondent company, appealed to the Court of Appeal. Meanwhile, Assistant Company Registrar informed the substituted Plaintiff-Respondent- Respondent-Respondent (hereinafter sometime referred to as Respondent) by letter dated 29.07.2010 that the name of the 3^rd Defendant- Appellant Company had been struck off from the company register on account of the fact that, the company had not been re-registered under the new Companies Act No. 07 of 2007.

When the above appeal was taken up for hearing on 15^th July 2011, the Responden