Sumanasekera and 2 Others vs. Mohammed Tuwan Mohommed Meezam – sllr 2012 volume 2 page 373

In the case between Sumansasekera and 2 others (Plaintiffs/Appellants) and Mohammed Tuwan Mohommed Meezam and others (Defendants/Respondents), the Court considered whether the amendment of pleadings to add a party after the expiration of the prescription period is permissible under Section 18 and Section 93 of the Civil Procedure Code. Following a motor traffic accident in 2002, the action was instituted within the prescribed period. However, an application was made after the decree to add the 3rd Defendant as the registered owner of the vehicle. The inquiry and subsequent decisions of the District Court and Civil Appellate High Courts allowed the addition. Ultimately, the Court set aside these orders, determining that such an amendment, particularly after a decree and outside the prescrip