Bengamuwa Dhammaloka Thero vs Dr. Cyril Anton Balasuriya – sllr 2010 volume 1 page 193

The case between Bengamuwa Dhammaloka Thero (Plaintiff/Appellant) and Dr. Cyril Anton Balasuriya (Defendant/Respondent) addressed the issue of whether a petitioner in a Section 328 application may seek revisionary relief in the Court of Appeal following a District Court order, notwithstanding the availability of an alternative remedy under Section 329 of the Civil Procedure Code. The court held that the issuance of an ex-parte decree against a non-served, deceased second defendant constituted a nullity and should be set aside. The principle reaffirmed is that courts possess inherent powers to correct procedural irregularities and prevent a miscarriage of justice, especially when statutory service requirements are not complied with. This decision relied on Sections 328, 329, and 753 of the