Waduge Vijih Vishvanath Fernando vs. Waduge Buddhini Manel Fernando – SC APPEAL 106/2016-2024

In the case between Waduge Buddhini Manel Fernando (and other substituted plaintiffs) and Waduge Vijith Vishvanath Fernando (and other defendants), the court addressed the issue of whether relief not expressly prayed for in the plaint, specifically the issuance of a writ of possession under section 777 of the Civil Procedure Code, could be granted. It was held that, pursuant to section 839 of the Civil Procedure Code, the court was empowered to grant such relief in order to prevent an abuse of judicial process, especially where possession had been usurped by unlawful means. The principle reaffirmed was that the inherent powers of the court may be exercised in exceptional circumstances to effectuate justice. This decision relied on statutory interpretation and existing case law on court’s e