Rustom v. Hapangama & CO. – 1978_79 volume 2 page 225

In the case between Rustom (Plaintiff) and Hapangama & Co. (Defendant), the court addressed whether appellate revisionary powers may be invoked to overturn a District Court order permitting the defendant to file an answer, despite the existing right of appeal. It was held that revisionary jurisdiction is confined to exceptional circumstances, and must not be exercised where no such circumstances are established. The principle reaffirmed is that revision is not a substitute for appeal, and should be employed only where procedural error amounts to a denial of justice. Reliance was placed on the amended Civil Procedure Code and established case law, underscoring that absent exceptional or illegal deprivation of rights, applications for revision are not maintainable.

Vythialingam J. — The fi