Karunawathi Palith Liyanage vs. Ratna Lakshmi Jayakodi – SC/APPEAL/190/2011-2024

Brief
In the case between Karunawathi Palith Liyanage and Ratna Lakshmi Jayakodi (nee Yatawara) with additional respondents, the court addressed whether the High Court erred in dismissing a revision application filed by the appellant seeking substitution for the deceased first defendant when an appeal was already pending before the same High Court. It was held that the belated revision application was improperly used to attempt a stay of District Court proceedings, given a timely appeal was already in progress. The holding reaffirmed the principle that revisionary jurisdiction is not intended to be exercised where appellate remedies are available and that substitution issues must be dealt with within the framework of the pending appeal. Reliance was placed on established procedural statute