Palitha Wijesundera vs Building Materials Corporation – CA PHC 131/2007-2013

In the case between Palitha Wijesundera (Respondent-Petitioner-Appellant) and Building Materials Corporation (Applicant-Respondent-Respondent), the court addressed whether the High Court of Kandy was correct in dismissing the revision application filed by Palitha Wijesundera and whether a stay order may be granted by the Supreme Court in relation to appeals. It was held that the Supreme Court’s rules do not provide for granting a stay order in appeals, and as such, the application for a stay order was refused. This decision reaffirmed the principle that procedural rules must be strictly adhered to in appellate proceedings. The reasoning relied on the applicable Supreme Court rules, emphasizing the limitation on the court’s power to grant procedural relief not expressly contained within its