Paragoda Gamage Indrasiri vs. Poddiwala Marage Chandrapala – SC APPEAL 98/2019-2024

In the case between Paragoda Gamage Indrasiri (Plaintiff-Appellant-Appellant) and Poddiwala Marage Chandrapala, Don Dharmadasa Kalansuriya (Deceased), and others (Defendants-Respondents), the Supreme Court addressed whether it was permissible for the lower courts to decide on the issue of prescriptive title (Issue No. 25) despite the respondent not expressly seeking such relief in the prayer to the answer. It was held that the consideration of prescription was not in error, as the claim was apparent from the pleadings and the appellant could not have been prejudiced. The underlying principle reaffirmed is that parties may not be entitled to object to an issue being answered where it arises from the pleadings and has been fully addressed at trial. Reliance was placed on decisions such as Fe