Upali Alwis Weerasinghe and Dona Leena Abeysinghe vs. Morawaka Koralage Harsha Kumara Fonseka Abeykoon – CA RII/14/22-2022

In the case between Morawaka Koralage Harsha Kumara Fonseka Abeykoon (Plaintiff-Respondent) and Upali Alwis Weerasinghe and Dona Leena Abeysinghe (Defendant-Appellants), the court addressed whether recorded admissions by the District Court at trial could be set aside or revised under the restitutionary and revisionary jurisdiction of the Court of Appeal, pursuant to Articles 138 and 145 of the Constitution. It was held that admissions of fact, once duly made and recorded, are not subject to withdrawal or alteration except in instances involving fraud, mistake, or the emergence of new evidence. The principle reaffirmed is that exceptional circumstances are required for the exercise of revisionary or restitutionary powers. The decision relied on relevant Sri Lankan jurisprudence concerning t