Dr. De Zylva and Others v. Dr. Ranjan Fernando – sllr 2002 volume 2 page 108

In the case between Dr. De Zylva & Others and Dr. Ranjan Fernando, the court addressed the sufficiency of pleadings and the limitation of issues to those disclosed in the original pleadings, with specific reference to claims of defamation and malicious prosecution. It was determined that parties could not introduce causes of action not originally raised, to prevent prejudice and ensure procedural fairness. The necessity for clear particulars in counterclaims for quantified damages under section 65(d) of the Civil Procedure Code was reaffirmed. Relying on principles from established case law and legal texts, it was held that the application for leave to appeal was appropriately dismissed, underscoring the primacy of well-pleaded issues in maintaining fairness in civil proceedings.

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