Cornelius Perera V. Leo Perera

1960 Present : Basnayake, C.J., K. D. de Silva, J., and Sansoni, J.

CORNELIUS PERERA and others,  Appellants, and LEO PERERA,
Respondent

S. C. 103, with Application 346 - D. C. Pandura, 2808

Compromise of action-Consent order-Agreement caused by mistake of fact-" Mistake" -Appeal-Restitutio in integrum -Civil Procedure Code, ss. 91, 408.

In an action for a right of cartway across the defendants' lands, one of the contesting defendants (the 6th defendant) stated that a right of way to the plaintiff's land traversed across one D's land (lot 162). in cross-examination he denied that lot 162 was fully built on and persisted in asserting that it was a vacant land. After challenge and counter challenge were thrown out by the respective Counsel as to the correctness of the statement, it was agreed between the parties that if, on inspection by Court, the 6th defendant could not satisfy Court inter alia that lot 162 was a vacant land, judgment should be entered in favour of the plaintiff. On the next day, when the District .Judge inspected the land, Counsel for the 6th defendant stated that the 6th defendant had made a mistake of fact

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