Mrs. Sirimavo Bandaranaike v. Times of Ceylon Limited – sllr 1995 volume 1 page 022

In the case between Mrs. Sirimavo Bandaranaike and Times of Ceylon Limited, the court addressed the issue of whether a revisionary remedy exists under Article 138 of the Constitution to reverse or vary an ex parte judgment entered against a defendant on default of appearance. The court held that, notwithstanding statutory restrictions against direct appeal in such cases, revisionary jurisdiction could be exercised to correct a manifest failure of justice resulting from procedural deficiencies and the absence of substantive evidence. The holding reaffirmed the principle that statutory provisions do not preclude higher courts from exercising revisionary powers in the interest of justice. This decision relied on constitutional and statutory provisions, including Article 138 of the Constitutio

REF: sllr 1995 volume 1 page 022 Category: Tag:
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