Ravi Karunanayake vs Wimal Weerawansa – sllr 2006 volume 3 page 016

In the case between Ravi Karunanayake (plaintiff-petitioner) and Wimal Weerawansa (defendant-respondent), the court addressed the issue of whether a District Court possesses the authority to vacate its own order rejecting an application to amend an answer, based on section 839 of the Civil Procedure Code, and whether such inherent jurisdiction can override the express provisions of the statute. It was held that the inherent jurisdiction conferred by section 839 may only be invoked in a manner ancillary to the Code and not to contravene express statutory limits. The Court of Appeal allowed the appeal, set aside the District Court’s order to vacate its prior order, and reaffirmed the principle that a court’s inherent power is strictly circumscribed and subordinate to the statutory scheme. Th