Seylan Bank Limited v. Makewita Chandralatha Appuhamilage Dona – CA NO. 1249/2005-2015

In Seylan Bank PLC v. Makewita Appuhamilage Dona Chandralatha, the court addressed whether an application for re-listing (rehearing) of a revision case – previously decided ex parte – could be granted under Section 16(1) of the Recovery of Loans by Banks (Special Provisions) Act No. 4 of 1990 and Section 771 of the Civil Procedure Code. It was held that absent substantive proof of non-service of notice or sufficient cause, the re-listing of the revision application could not be granted. The principle reaffirmed is that the inherent powers of the court to set aside its own orders or re-list revision applications are available only in rare and exceptional circumstances, and a mere allegation of non-receipt of notice, unsupported by credible evidence, is inadequate. The decision relied on the