SHARIF AND OTHERS VS. WICKRAMASURIYA AND OTHERS

SHARIF AND OTHERS VS. WICKRAMASURIYA AND OTHERS

COURT OF APPEAL
ERIC BASNAYAKE, J .
CHITRASIRI, J.
CA 972/2007
PR. LT. PUTTALAM 16097/P
SEPTEMBER 10,2008
JUNE 1, 5,2009
OCTOBER 8,2009
NOVEMBER 18, 2009

Restitutio-in Integrum -Primary Courts Procedure Act - Section 66 - Section 66 (1) (a) (i). Jurisdiction of the Court of appeal to entertain Revision/Restitutio-in-Integrum applications from Primary Court orders? Constitution Article 138 - 13th Amendment Article 154P(3) - High Court of the Provinces (Special Provisions) Act 19 of 1990 - Section 9 as amended by Act 54 of 2006.

The petitioner sought an order by way of restitutio in integrum and or revision to set aside an order made by the Primary Court Judge under Section 66 of the Act.

It was contended by the respondent that the Court of Appeal has no jurisdiction to hear revision applications filed against the orders or judgments of Magistrate Courts and that after the 13th amendment to the Constitution and Act 19 of 1990 the aggrieved parties should move the respective High Courts of the Provinces in Revision.

Held

(1) In terms of Article 138 Court of Appeal shall

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