Warnakulasuriya Maria Francisca Girtrude Fernando vs Rev Sr. Marie Bernard – CA LLOS/99-2013

In the case between Rev Sr. Marie Bernard and Rev Sr. Maria Vorgione (Substituted Plaintiff-Respondents) and Warnakulasuriya Maria Francisca Girtrude Fernando (3rd Defendant-Appellant), the court addressed whether a writ of execution was time-barred under Section 337(1) as amended by Act No. 53 of 1980, and whether an appeal or revisionary jurisdiction could be invoked against the District Court’s grant of the writ. It was held that no right of appeal existed for the order in question under the statute, and that the exceptional grounds required for the exercise of revisionary jurisdiction were not present. The principle reaffirmed was that appellate or revisionary powers are not exercised absent statutory basis or manifest injustice. Reliance was placed on relevant statutory interpretation