D S Jayawardena & K K Nishantha vs L Karunaratna & G A Gunawardena – CA PHC APN 38/2012-2014

In the case between D S Jayawardena and K K Nishantha (petitioners) and L Karunaratna (respondent) with G A Gunawardena as intervenient-respondent, the court considered whether the High Court’s dismissal of a revision application—owing to a defective affidavit—could be set aside. It was determined that the procedural defect in the affidavit, specifically the absence of a proper jurat, rendered the application incurable. The findings established that no prejudice was caused to the petitioners, as the dismissal did not bar them from initiating fresh proceedings with a valid affidavit. Furthermore, it was observed that the petitioners failed to establish exceptional circumstances warranting the exercise of the appellate court’s extraordinary revisionary jurisdiction. The dismissal of the revi