Ariff v. Kandasamipillai & Others – sllr 1982 volume 2 page 741

In the case of Ariff (Appellant) v. Kandasamipillai & Others (Respondents), the court addressed whether a person not party to the original execution proceedings may invoke the Court’s revision powers under section 328 of the Civil Procedure Code. The dispute arose from an order restoring possession of premises on Hospital Street, Colombo, to the appellants following wrongful dispossession, and a subsequent attempt by the petitioner–1st respondent (not a party to the original proceedings) to set aside that restoration. It was determined that non-parties are not entitled to avail themselves of revisionary relief under section 328 in regards to execution of decrees, reaffirming the principle that restoration of possession acts to correct errors in execution rather than to afford a right of ap