MULIN AND OTHERS

Vs.

SOMAWATHIE AND OTHERS

SUPREME COURT
PRIASATH DEP.PC.J
SISIRA J DE ABREW.J
UPALY ABEYRATHNE, J
SC APPEAL 162/2012
SC/HCCA/LA/77/2012
WP /HCCA/ KAL/125/2004 (F)
D.C./HORANA/3449/P
09.08.2016

PARTITION - Section 773 of the Civil Procedure Code - Section 187 CPC - Trial De Novo

This is a partition case. Extent of land as in the schedule to the plaint was 2 acres. Trial proceeded on 52 issues. After trial District Judge dismissed the Plaintiffs case without answering the issues.

Being aggrieved by the District Court Judgment Plaintiff appealed to the Civil Appellate High Court, and the High Court set aside the District Court Judgment and directed the learned District Judge to deliver a fresh Judgment on the evidence already led.

HELD:

01. The High Court is correct in law concluding that the said judgment of the learned District Judge should stand dismissed. Also, the order of the High Court to remit the case back to the trial court for a delivery of fresh judgment of the evidence already led is bad in law. Hence, the said judgment of the High Court is varied by setting aside the said portion, namely; "refer to a fresh judgment