Rathnayake Mudiyanselage Abeysekara v. R.M. Somapala – CA RII/0438/2015-2015

In the case between Rathnayake Mudiyanselage Abeysekara (Defendant-Appellant-Petitioner) and R.M. Somapala (Plaintiff-Respondent), the court addressed whether revision or restitutio in integrum under Article 138 of the Constitution could be invoked in light of concurrent appellate jurisdiction exercised by the High Court of the Province and statutory limitations on appeals as prescribed by the High Court of Provinces (Special Provisions) Act. It was held that, based on the constitutional and statutory framework, the application for revisionary relief could not succeed where the law expressly limits rights of appeal and defines the scope of the Court of Appeal’s jurisdiction. The principle reaffirmed that the revisionary jurisdiction of the Court of Appeal is not available where statute res