M.M.P.Fernando vs S.M.Podimenike – CA PHC APN 113/2010-2013

In the case between M.M.P. Fernando (Petitioner) and S.M. Podimenike, S. Erawpola, R.B. Jayaweera, among others (Respondents), the court addressed the maintainability of an application for revision to the Court of Appeal. It was held that a petitioner, despite possessing a right of appeal, must explicitly plead exceptional circumstances to justify invoking the court’s revisionary jurisdiction, and that strict compliance with procedural prerequisites—such as stating that the court’s jurisdiction had not previously been invoked and clearly setting out the grounds for revision—is required. The findings established that absence of exceptional circumstances and non-compliance with mandatory requirements preclude the grant of revision. The decision reaffirmed that the revisionary jurisdiction of