S.De S. Wettasinghe v. M.C. Thenuwara – CA 1908/2005-2011

The case between S.De S. Wettasinghe and M.C. Thenuwara concerned the cancellation of a caveat registered over land in a partition action and the awarding of damages due to the inability to effect a sale. The central issues included the respondent-petitioner’s entitlement to set aside several District Court orders relating to the caveat cancellation, damages, and the sufficiency of service of legal process. The maintainability of the revision application was challenged, with objection raised on the basis of the existence of an alternative remedy under section 389 of the Civil Procedure Code. It was held that the proper recourse was under section 389 and that revisionary relief should not be granted where such a summary remedy exists, reaffirming that revision is only available in the absen