Officer in Charge v Vithanage Don Dharmasena Vithanage – CA PHC 162/2017-2017

In the case between the 1st Party Respondent (asserting the right of way to access his house) and the 2nd Party Respondent-Petitioner (allegedly obstructing such access), the court addressed the issue of whether the revisionary jurisdiction of the High Court was appropriately exercised in reviewing the Magistrate’s order protecting the 1st Party Respondent’s right of access. The holding established that the invocation of revisionary powers requires proof of exceptional circumstances or a miscarriage of justice, and a mere irregularity, absent substantial injustice, is insufficient. This principle was reaffirmed through reliance on prior case law and statutory provisions governing revisionary jurisdiction. The decision underscored that the failure to demonstrate manifest injustice precludes