JAYASEKERA VS. PERERA

COURT OF APPEAL
EKANAYAKE,J.
GOONERATNE,J.
CA 311/95(F)
DC COLMBO 14588/P
MAY 7, 2007

Partition law - Section 26 (2) (d) - Judgment not in compliance with Section 187 of the Civil Procedure Code - Amicable division - Family arrangement - Should it be accepted? Testamentary case - Section 545 of the Code -property in dispute not in the inventory- Fatal? Who is an heir? - Constitution Article 138(1)

In the partition action, the defendants relied on an amicable division. The plaintiff contended that the said document has not been notarially executed and as such invalid- and that the other co-owners had not signed same. It was also contended that, the corpus was not included in the testamentary case of the father of the plaintiff-respondent and it is a bar to a subsequent partition action. It was contended by the defendants- appellants that, the requirements in Section 187 of the Civil Procedure Code had not been satisfied.

Held

Per AniI Gooneratne, J.

    "Considering the totality of the evidence although there is no strict compliance with Section 187. I hold that the District Court is not  in error in entering judgme