Mendis v Mendis – sllr 2007 volume 2 page 079

In the case between the plaintiff-respondent (wife) and the defendant-petitioner (husband), the court addressed the scope of judicial discretion regarding the amendment of pleadings in matrimonial actions, specifically the application of Section 603 versus Section 93(2) of the Civil Procedure Code. It was held that Section 93(2) governs the amendment of pleadings uniformly, and Section 603 does not confer wider discretionary powers to amend pleadings in matrimonial actions but rather allows the granting of similar relief in counterclaims for divorce. The court determined that the defendant’s answer indicated express knowledge of the plaintiff’s alleged adulterous relationship. The appeal was dismissed, reaffirming the principle that amendments to pleadings must adhere to the procedures of

REF: sllr 2007 volume 2 page 079 Category: Tag:
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