Bulathgama Wedalage Nirasha vs Rathna Bhushana Acharige Wimalasena – SC APPEAL 04/2023-2024

In the case between Bulathgama Wedalage Nirasha (through Power of Attorney) and Rathna Bhushana Acharige, Bulathgama Wedalage Piyasena, and Seylan Bank Limited, the court addressed the issue of whether a separate application for restoration of possession under Section 328 of the Civil Procedure Code can be maintained in the face of technical procedural objections. The determination emphasized that procedural technicalities must not prevent substantive justice where a serious miscarriage of justice is claimed due to the manner of execution of a decree. It was held that the order of the High Court—setting aside the District Court’s order on technical grounds—should be reversed, affirming that substantial rights should not be defeated by procedural irregularities. Reliance was placed on the s