Kumara Perera vs. Merchant Bank of Sri Lanka Ltd – sllr 2019 volume 2 page 533

In the case between Kumara Perera and Merchant Bank of Sri Lanka Ltd, the court addressed whether the Court of Appeal possessed jurisdiction to set aside or revise judgments of the Commercial High Court by way of restitutio in integrum under Article 138(1) of the Constitution. It was determined that the legislative scheme under the High Court of the Provinces (Special Provisions) Act, No. 10 of 1996, confers exclusive appellate jurisdiction to the Supreme Court for orders of the Commercial High Court, thereby precluding inherent or statutory revisionary powers of the Court of Appeal in such matters. The application to set aside the auction sale and judgment of the Commercial High Court was dismissed with costs, affirming that the sole avenue for challenge is a direct appeal to the Supreme