Andradie v. Jayasekera Perera – SLR – sllr 1985 volume 2 page 204

In ANDRADIE v. JAYASEKERA PERERA, the court considered whether a petitioner, unaware of divorce proceedings resulting in an ex parte decree, could seek revision and/or restitutio in integrum based on alleged fraudulent service of summons, false pleadings, and misrepresentation. The holding established that an applicant for extraordinary relief must first contest the District Court’s records and findings at the lower court level before seeking appellate review. Emphasizing the binding nature of process records and precedents affirming procedural propriety, the court found the preliminary objection sound and dismissed the application. This decision reaffirms the procedural principle that challenges to ex parte orders must first be raised in the District Court, preventing direct recourse to e

REF: sllr 1985 volume 2 page 204 Category: Tag:
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