Hatton National Bank v. Silva and Another – sllr 1999 volume 3 page 113

In the case between Hatton National Bank (2nd Defendant-Petitioner) and the Plaintiff-Respondent, the court addressed whether it was permissible to amend a plaint to introduce a new cause of action for damages after the proceedings had already commenced on different grounds (declarations and injunctions). It was determined that an amendment which fundamentally changed the nature and scope of the original action—after payment under the bank guarantee and dissolution of the enjoining order—was not allowable. The decision reaffirmed the principle that once an action has been instituted on a particular cause, amendments that convert the character of the action are impermissible under section 93(2) and the proviso to section 46 of the Civil Procedure Code. Reliance was placed on these statutory