Geekiyanage Sardha Maheshini Amarasinghe & Dona Kusuma Sardhalatha Amarasinghe vs. Geekiyanage Nirosha Prasadini Kahandawarachchi & Others – SC APPEAL 161/2019-2021

In the case between Geekiyanage Sardha Maheshini Amarasinghe and Dona Kusuma Sardhalatha Amarasinghe (“Sisira”) (plaintiffs) and Geekiyanage Nirosha Prasadini Kahandawarachchi (nee Amarasinghe), Chanaka Ravindra Kahandawarachchi, Geekiyanage Thanuja Sanjeewani Amarasinghe, among others (defendants), the court addressed whether the 1st and 2nd defendants held the property conveyed by deed No. 256 and deed No. 11848 in trust for the plaintiffs, and the permissibility of amending pleadings to include the 3rd defendant as a plaintiff under the Civil Procedure Code given procedural requirements and delay. It was held that amendments to pleadings after the trial-fixing stage are not permissible unless both grave and irremediable injustice would occur and the applicant has not been guilty of lach