L.B. Finance Company vs M. K. Walisinghe – CA 191/1997 F -2011

The case between L.B. Finance Company (Plaintiff/Respondent) and M.S.B.S.M. Ajith Senanayake (Claimant-Appellant), among others, addressed whether a claimant is entitled to reclaim movable property seized in execution of a decree against a third party, and whether an appeal may be maintained against the District Judge’s order after a claim investigation or only by instituting a regular action under Section 247 of the Civil Procedure Code. It was held that no right of appeal exists against such orders under the statute, but that exceptional circumstances may justify the exercise of revisionary jurisdiction to prevent a miscarriage of justice. The findings reaffirmed the principle that appellate rights must be statutorily conferred, but the revisionary powers of the Court of Appeal are broad