Pilapitiya v. Buddadasa and Another – sllr 1990 volume 2 page 186

In Pilapitiya v. Buddadasa and another, the court addressed whether an amendment to a plaint that provided further particulars of negligence constituted the introduction of a new cause of action, thereby potentially affecting the defendant’s plea of prescription. The court held that supplying additional details of negligence did not create a fresh cause of action but merely clarified the matters already encompassed within the original pleading. The principle was reaffirmed that the “cause of action” under Section 5 of the Civil Procedure Code consists of the set of facts that gives rise to the right to seek redress, with amendments furnishing particulars not altering its essential nature. The decision relied on the interpretation of Section 5 and Section 93 of the Civil Procedure Code, emp