Mendis vs. Wijesuriya – sllr 2009 volume 2 page 381

In the case between Ranjan Mendis (and associated parties) and Wijesuriya and Others, the court addressed whether the plaintiff-petitioner should be granted leave to amend the plaint to bring it in conformity with the Commissioner’s plan under Sections 93(1) and 93(2) of the Civil Procedure Code. It was held that refusal to allow the amendment would result in grave and irreparable injustice, and that the plaintiff-petitioner had not been guilty of laches. The principle reaffirmed was that the amendment of pleadings in certain circumstances should be permitted to avoid injustice, with due consideration to the timing and procedural aspects. The decision relied on the interpretation of the Civil Procedure Code, particularly with respect to the amendment of pleadings and the equitable need to