B.L. Weerawansha Appuhamy and other Vs Gamage Rankirihami. and other – CA RII/54/2023-2025
The court addressed the issue of entitlement to restitutio in integrum under Article 138 of the Constitution. The application sought to set aside the judgments of the District Court and the Civil Appellate High Court based on alleged misrepresentation, suppression of material facts, procedural irregularities, and a request for a retrial. The court held that the remedy of restitutio in integrum is discretionary and strictly conditioned upon prompt application, absence of negligence, and unavailability of alternative remedies. The dismissal of the application was based on findings of undue delay, procedural negligence, and the existence of alternative remedies. This holding reaffirmed the principle that equitable relief by way of restitutio in integrum demands compliance with established pro

