K.G.D. Gamini Duhulwela vs R.G.C. Wijesiri – CA REVISION NO.13/18-2020

In the case between R.G.C. Wijesiri of Lanka Filing Station, Giritale, Polonnaruwa (Plaintiff) and Gamini Duhulwela (deceased, substituted by Herath Mudiyanselage Kamalawathie Mahinda Welandasela), Sarathchandra Duhulwela, and Mahinda Duhulwela (Defendants), the court addressed whether the District Court orders from 1993 and 1999 were liable to be revised under Article 138 of the Constitution due to alleged procedural irregularities, miscarriage of justice, or breach of natural justice. It was determined that the threshold for exercising revisionary jurisdiction—namely, the existence of exceptional circumstances—had not been satisfied. The precedent underscored that revisionary powers are discretionary, invoked only in instances where manifest injustice is demonstrated, and not as an alter

REF: CA REVISION NO.13/18-2020 Category: Tag:
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