Hewa Maddumage Mili vs. Hewa Maddumage Girigoris and others – CA RII/11/2022-2023

In the case between Hewa Maddumage Mili and others (Plaintiff Respondents) and the 08th defendant appellant petitioner and others (Defendant Respondents), the court addressed the issue of whether the Court of Appeal possesses jurisdiction to revise or re-list a dismissed case, invoking revisionary and restitutio in integrum powers, particularly in light of alleged errors per incuriam in an earlier dismissal decision. It was held that the earlier dismissal, which relied upon both a prior unsuccessful appeal and a significant lapse of time, was not sustainable. The court reaffirmed the principle that the power of revision is distinct from ordinary appellate jurisdiction, and that delay alone should not serve as an independent bar to such applications, but must be considered with other releva