Rushantha Perera v. Wijesekera – sllr 2005 volume 3 page 105

In the case between Rushantha Perera (Plaintiff) and Wijesekera (Defendant), the court addressed whether an amendment to the plaint could be allowed after the commencement of trial under Section 93(2) of the Civil Procedure Code, particularly where the amendment sought to alter the stated date of the alleged cause of action. The holding established that the application for amendment should be rejected, as the plaintiff’s previous pleadings amounted to a waiver of any right to amend at that stage. The principle reaffirmed is that Section 93(2) is restricted to circumstances of “grave and irremediable injustice” and requires rigorous judicial scrutiny. Reliance was placed on authorities such as Gunasekera vs. Abdul Latiff and related precedents, with emphasis that procedural safeguards exist