Premaratne vs. Marambe – CA RII 10/2021-2021

In the case between Nirosha Lakmini Premaratne (Plaintiff) and Champa Indumathi Kumari Marambe (Defendant), the court addressed whether the Defendant was entitled to relief through restitutio in integrum and/or revision under Article 138 of the Constitution to set aside the District Court’s order and judgment in case RE 162/17. The court held that neither exceptional circumstances nor excusable conduct had been established by the Defendant to justify the invocation of extraordinary remedies. Instead, the Defendant failed to utilize the available statutory right of appeal, and her conduct did not support exceptional recourse to revision or restitutio in integrum. The principle reaffirmed was that extraordinary remedies require clear demonstration of circumstances that justify bypassing ordi