108 The Constitution of the Democratic Socialist Republic of Sri Lanka The Court of Appeal The Court of Appeal 137. The Court of Appeal shall consist of the President of the Court of Appeal and not less than six and not more than 110 [nineteen] other Judges who shall be appointed as provided in Article 107. Jurisdiction of the Court of Appeal 138. (1) The Court of Appeal shall have and exercise subject to the provisions of the Constitution or of any law, an appellate jurisdiction for the correction of all errors in fact or in law which shall be 111[committed by the High Court, in the exercise of its appellate or original jurisdiction or by any Court of First Instance], tribunal or other institution and sole and exclusive cognizance, by way of appeal, revision and restitutio in integrum, of all causes, suits, actions, prosecutions, matters and things 112[of which such High Court, Court of First Instance] tribunal or other institution may have taken cognizance: Provided that no judgement, decree or order of any court shall be reversed or varied on account of any error, defect or irregularity, which has not prejudiced the substantial rights of the parties or occasioned a failure of justice. (2) The Court of Appeal shall also have and exercise all such powers and jurisdiction, appellate and original, as Parliament may by law vest or ordain. Powers in appeal 139. (1) The Court of Appeal may in the exercise of its jurisdiction, affirm, reverse, correct or modify any order, judgment, decree or sentence according to law or it may give directions to such Court of First Instance, tribunal or other institution or order a new trial or further hearing upon such terms as the Court of Appeal shall think fit. (2) The Court of Appeal may further receive and admit new evidence additional to, or supplementary of, the evidence already taken in the Court of First Instance touching the matters at issue in any original case, suit, prosecution or action, as the justice of the case may require. 110 - Substituted by the Twentieth Amendment to the Constitution Sec. 31 for the word “eleven”. 111 - Substituted by the Thirteenth Amendment to the Constitution Sec. 3(a) for "committed by any Court of First Instance”. 112 - Substituted by the Thirteenth Amendment to the Constitution Sec. 3(b) for "of which such Court of First Instance”.

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