Daliwala Gedera Padmini Seneviratne vs Bank of Ceylon et al. – CA L.A. NO. 214/2006-2006

In the case between Daliwala Gedera Padmini Seneviratne (Plaintiff) and Alkegama Munasinghe Gedera Sunil Alahakoon and Bank of Ceylon (Defendants), the court considered the propriety of the District Judge of Mawanella’s refusal to allow the 2nd Defendant (Bank of Ceylon) to amend its pleadings and to seek a commission for superimposing a new plan onto the existing preliminary plan in a partition action. The court held that the amendment and commissioning of the plan must be allowed, concluding that denial would preclude proper adjudication of parties’ actual rights in the complex partition dispute. The principle affirmed is that, even after the trial date, amendments can be permitted under Section 93 of the Civil Procedure Code when grave injustice would otherwise result, provided no preju