Mohommed Tuwan Mohommed Meezam vs Ranjith Sumanasekera and Rukshana Deepama Nayomi Sumanasekera – SC APPEAL NO. 04/2011-2012

In the case between Mohommed Tuwan Mohommed Meezam (Plaintiff/Respondent) and Ranjith Sumanasekera, Rukshana Deepama Nayomi Sumanasekera, and K.P.G. Sumanasekera (Defendants/Appellants), the court addressed whether the District Court could validly permit the addition of a party as a defendant after the expiration of the statutory prescriptive period. It was held that the District Court’s allowance of the amendment to add the 3rd Defendant beyond the two-year prescriptive period was erroneous and prejudicial to the defendants, opposing the requirements of Sections 18(1) and 93 of the Civil Procedure Code. The ruling reaffirmed the principle that amendments to pleadings which introduce new parties after prescription are impermissible if they adversely affect the legal interests of existing p

REF: SC APPEAL NO. 04/2011-2012 Category: Tag:
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