PERERA

Vs.

SPECIAL EDUCATIONAL SOCIETY AND OTHERS

COURT OF APPEAL
SAMARAKOON, J.
KIRTISINGHE, J.
CA/Rl/1/2019
DC TANGALLE SPL/251/18
FEBRUARY 12, 2021

Restitutio in integrum-Additional condition in a settlement Justus error-Civil Procedure Code, sections 408, 91-Mistake of fact Essential and reasonable mistake-Imperative requirements-Finality of a consent decree

The petitioner had instituted two actions in the District Courts of Tangalle and Bandarawela for similar purposes. Thereafter, the parties negotiated with the view of reaching a settlement and it was concluded that the two pending cases were an obstacle to their effort to resolve the dispute amicably. Thus, when the relevant case came up in the District Court of Tangalle on 13.03.2018 the petitioner moved to withdraw it on the sole condition that the respondents undertook to withdraw their claim in reconvention in the Bandarawela case. Nevertheless, when the settlement was recorded in court, the Attorney-at-Law for the respondents introduced an additional condition and the Attorney-at-Law for the petitioner mistakenly expressed his agreement to this fresh condition proposed by the respondents.