Jayawardena and Others vs Sampath Bank – sllr 2005 volume 2 page 083

In the case of Jayawardena and Others (Plaintiffs) vs. Sampath Bank (Defendant), the court addressed the issue of whether an appeal or leave to appeal is available against a District Court order made under Section 16 of the Recovery of Loans by Banks (Special Provisions) Act No. 4 of 1990. The court determined that no statutory right of appeal exists in these circumstances, concluding that the application for leave to appeal was misconceived. The principle established reaffirmed that statutory provisions expressly conferring a right of appeal must be present for an appeal to lie, and the incorporation of general Civil Procedure Code provisions does not create such a right where the special statute is silent. This decision relied on Section 16 of Act No. 4 of 1990 and persuasive precedents