Merchant Bank of Sri Lanka Limited vs Francisge Dona Violet Perera et al. – SC APPEAL 81/2010-2012

In Merchant Bank of Sri Lanka Limited v. Francisge Dona Violet Perera and Others, the court addressed the issue of whether the right of appeal from orders made by a High Court exercising civil jurisdiction is governed by Section 329 of the Civil Procedure Code or solely by Section 5 of the High Court Act No.10 of 1996. It was held that appeals from such High Court orders are exclusively governed by Section 5 of the High Court Act, precluding recourse to Section 329 of the Civil Procedure Code for appeals or revision. The findings established that only such provisions of the Civil Procedure Code as are specifically incorporated into the Act may be applied, confirming the legislative intent to limit appellate review to the Supreme Court. The appellant’s appeal was dismissed, and costs were i