I.G.Tikiribanda Attanayake and A.M.Kularatne Devasiri vs Punchibanda Ratnayake and A.M.P.Alahakone – CA L.A. NO. 132/2005-2015

In the case between I.G. Tikiribanda Attanayake (deceased), A.M. Kularatne Devasiri (Plaintiffs) and Punchibanda Ratnayake, A.M.P. Alahakone (Defendants), the court addressed whether Plaintiffs were entitled to amend their plaint after a significant delay, particularly with respect to the identification and incorporation of the right of way in dispute. The central legal issue involved the applicability of Section 93(2) of the Civil Procedure Code in the context of alleged laches by the Plaintiffs and the appropriateness of the District Court’s order permitting the amendment. The court refused Leave to Appeal, holding that the amendment should be permitted to address the real dispute between parties, reaffirming the principle that procedural justice requires flexibility in pleadings to reso