Dharmaratne and Another v. Palm Paradise Cabanas Ltd and Others – sllr 2003 volume 3 page 024

In the case between Dharmaratne and Another (Plaintiffs) and Palm Paradise Cabanas Ltd and Others (Defendants), the court addressed the issue of whether revisionary jurisdiction under Section 753 of the Civil Procedure Code should be exercised where the petitioners failed to plead or establish exceptional circumstances, and had an ordinary appeal available. It was held that revisionary powers are not to be used as a substitute for appellate jurisdiction in the absence of demonstrated exceptional circumstances. The principle reaffirmed is that exceptional circumstances are essential for invoking the revisionary jurisdiction of the Court of Appeal, in line with established case law and statutory framework. The decision underscores that the amendments allowing wider revisionary discretion do