Hetti Pathirennehelage Ganga Kumari vs. Bodahennadige Indrani Sepalika – CA CASE RII/65/2024-2024

In the case between Hetti Pathirennehelage Ganga Kumari (Substituted Plaintiff-Appellant) and Bodahennadige Indrani Sepalika and Don Piyatissa Kumarage (Defendants-Respondents), the court addressed whether restitutio in integrum could be granted after the petitioner’s failure to appeal the earlier judgments, where the alleged errors resulted from procedural negligence. It was held that restitutio in integrum is an extraordinary remedy, only available where clear legal error exists, and that mere negligence or omission to utilize available appellate remedies does not satisfy the requisite legal standards. The legal reasoning rested on the provisions of the Civil Procedure Code and established precedent, confirming that restitution is not a corrective measure for a party’s failure to pursue