Colombo Dockyard Ltd. v. Jayasiri Perera And Others – sllr 2006 volume 1 page 099

In the case between Colombo Dockyard Ltd and Jayasiri Perera and others, the court addressed the issue of whether an amendment to the caption of the plaint to correctly reflect the plaintiff’s corporate name was permissible under Section 93(2) of the Civil Procedure Code. It was held that such an amendment was allowable, provided it neither introduced a new cause of action nor caused prejudice to the defendants. The principle reaffirmed is that a misnomer or variation in the name of a party, which does not confuse the true litigating party or alter the nature of the proceedings, should not bar a just amendment. The decision relied on established case law regarding misnomer and statutory interpretation of procedural amendments, accentuating the court’s inclination to favor substance over te