N. Habeebu Mohamedge Masahima Umma vs. Mahagamage Chandrasena – SC HC CA LA NO. 127/2014-2017

In the case between the heirs of the deceased Plaintiff (Plaintiff-Respondent/Appellant) and the 9th Defendant–Respondent-Petitioner (among multiple Defendants), the court addressed the validity of an order dated 07.07.2015, specifically concerning whether it was issued per incuriam due to procedural irregularities relating to the substitution of the deceased Plaintiff by his heirs and the exercise of inherent judicial jurisdiction. It was held that the said order was per incuriam, as it adversely affected parties who had not been properly represented due to errors in substitution and notice, thereby violating principles of natural justice. The court reaffirmed that its inherent jurisdiction could be exercised to set aside its own orders made in circumstances of mistake, inadvertence, or o

REF: SC HC CA LA NO. 127/2014-2017 Category: Tag:
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