Geekiyanage Viyantha Vijithweera v. Mohamed Thuwan – SC APPEAL 74/2008-2020

In the case between Geekiyanage Viyantha Vijithweera (Plaintiff/Respondent/Petitioner-Appellant) and Mohamed Thuwan (Defendant/Respondent/Appellant), the court addressed whether the Civil Appellate High Court possessed jurisdiction to set aside an ex parte judgment of the District Judge dated 13.7.2000, in the absence of any appeal or revision application against that judgment. The finding established that the Civil Appellate High Court had no such authority when the ex parte judgment itself was not specifically challenged, reaffirming the principle that appellate courts may only intervene within the scope of appeals properly before them. Reference was made to Sections 88, 753, and 839 of the Civil Procedure Code and the precedent established in Sirimavo Bandaranayake Vs Times of Ceylon, w