P.M. Shiroma Nilanthi Perera v. W.T. Sujeewa Nilantha Fernando – CA RII/15/2022-2022

In the case between P.M. Shiroma Nilanthi Perera (Plaintiff) and W.T. Sujeewa Nilantha Fernando (Defendant), the court addressed the issue of whether the Court of Appeal retains revisionary and/or restitutionary jurisdiction over judgments of the High Court of the Provinces under Articles 138 and 145 of the Constitution, despite the existence of a statutory appellate route. It was held that the Court of Appeal’s revisionary and restitutionary powers persist in exceptional circumstances, even where a right of appeal is available. The reasoning reaffirmed that an application in revision remains distinct from an appeal, responding to potential miscarriage of justice not remedied by ordinary appeal procedures. This determination relied on constitutional provisions, relevant statutes, and previ