IN THE COURT OF APPEAL OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA In the matter of an application for Restitutio in Integrum under Article 138(1) of the Constitution of the Democratic Socialist Republic of Sri Lanka.

CA/RII/09/2023 D. C. Colombo Case No. 02/2021 Abdul Raheem Thameem Safrun Nisa, No. 145. Kandy road, Mallawapitiya, Kurunegala, Correct Address No. 18, 02nd Lane, Mawilmada, Kandy Now at P. O. Box 4435, MDC Hoppers, Crossing VIC 3029 Appearing by his duly appointed Power of Attorney Holder Mohamadu Juneideen Mohamadu Nazeer of No. 185/6, Hettiyawatta, Mallawapitiya, Kurunegala Defendant Petitioner Vs.

Mohamed Hanifa Hawwa Bibi, No. 18, 02nd Lane, Mawilmada Kandy.

Plaintiff Respondent Before: Hon. D.N. Samarakoon, Judge of the Court of Appeal Hon. Neil Iddawala, Judge of the Court of Appeal Counsel: Erusha Kalidasa, appears for the Defendant – Petitioner N. M. Shaheid instructed by M. A. Zaid for the plaintiff respondent.

Supported on: 09.08.2023 Date: 29.08.2023

ORDER

D.N. Samarakoon, J.

In Silva vs. Cumaratunga (1938) 40 NLR 139, Maartensz J., said, “"The ratio decidendi in old cases, with which I respectfully agree, was that this Court cannot recognise two proctors a