P Imbulana and S L Imbulana Munasingha vs Dhammika Chulani Kiriella – CA NO: 905/99-2012

The case between P Imbulana and S L Imbulana Munasingha (Plaintiffs-Appellants) and Dhammika Chulani Kiriella (Defendant-Respondent) addressed whether the omission to state the date on which the cause of action arose in the plaint rendered the action unsustainable, pursuant to section 40(d) of the Civil Procedure Code. It was held that such omission was fatal to the plaint, reaffirming the principle that strict compliance with statutory procedural requirements is mandatory for the valid institution of civil actions. The decision relied on established procedural law, emphasizing that failure to disclose material particulars—specifically the date relevant to the cause of action—prejudices the defendant’s right to raise legal defenses such as prescription.

A.W.A Salam J. — The findings esta