Nimal Samarasinghe and Edirippulige Rosalin Fernando v. T. Repiyal Fernando and others – CA PHC 34/2006-2006

In the case between Nimal Samarasinghe, Edirippulige Rosalin Fernando, and others (Appellants) and Tanippulige Pathmaseeli, Thennakonlage Sunil Rathnayake, and others (Respondents), the court addressed the issue of whether revisionary jurisdiction could be exercised by the High Court in reviewing an order made by a Magistrate’s Court under the Primary Court Procedure Act when alternative remedies existed and no exceptional circumstances were demonstrated. It was held that the existence of a civil remedy and the absence of exceptional circumstances precluded the use of revisionary jurisdiction, reaffirming that revision is an extraordinary relief available only when miscarriage of justice or manifest error is evident, and strict disclosure of material facts is mandatory. The decision relied