ROMIYAL VS. WIJESENA

COURT OF APPEAL
BASNAYAKE, J.
CHITRASIRI, J.
CA RV 1116/2006
DC MATUGAMA 2454/L
JUNE 12,13,2008
APRIL 29, 2009
MAY4, 2009

Revision - Duty of Court to ascertain whether any miscarriage of justice is caused - Power given to a Superior Court to act in Revision - Documents marked - Failure of Court to request party for return of same - Duty of Court regarding marked documents - Special circumstances - Article 138 of the Constitution -Constitution Article 138 proviso - Circumstances that shock the conscience of Court.

The appeal filed by the Plaintiff against the Judgment entered, was dismissed on the ground that, it was filed out of time. The Plaintiff moved in revision nearly after 4 months of the decision.

The Plaintiffs petition contained that, documents P3 and P4 had not been considered by the trial Judge and the non - consideration of P3 and P4 caused grave injustice to the Plaintiff It was contended that, Court should have requested the Attorney on record to tender the marked documents before writing the Judgment The defendant respondent contended that there are no special circumstances existing for the Plaintiff to have