Suraweera vs Banduwathe – sllr 2012 volume 1 page 020

In the case between Suraweera (Plaintiff) and Banduwathe (Defendant), the court addressed whether a clerical error in the awarded damages—recorded as “Rs. 500 per mensem” instead of the correct sum of “Rs. 500 per annum”—could be corrected under Sections 189 and 839 of the Civil Procedure Code. The case further involved the question of whether a court may award damages exceeding the amount claimed when no general relief has been sought, and whether such an error requires revision. After examining the original and amended plaints and relying on statutory authority and precedent, including DC Mannar; Sumanadeva vs. Sediris and Mohamed Iqbal vs. Mohamed Sally, it was determined that only clerical or arithmetic errors may be corrected and that the award of damages must not exceed what was clai