Beligahamullage Peiris Irosh Kavinda vs Nakandalage Don Sureka Srimali – CA RII/51/2023-2025

In Beligahamullage Peiris Irosh Kavinda vs Nakandalage Don Sureka Srimali, decided by the District Court of Kalutara on November 16, 2023, the court addressed the issue of whether significant delays and defects in affidavit submissions, compounded by repeated attorney negligence, justified the dismissal of an action seeking Restitutio in Integrum and revision under Article 138 of the Constitution of the Democratic Socialist Republic of Sri Lanka. The decision held that a fair hearing is a fundamental tenet of natural justice and that procedural lapses and curable defects do not automatically warrant dismissal, thereby mandating that the impugned order be set aside and the case be restored to its pre-dismissal status. Relevant statutory provisions and established precedents underscoring the