Kaluhara Janenona vs K. Usulawathi – CA/L.A NO.418/2004-2015

In the case between Kaluhara Janenona (substituted by T. Jinawathi De Silva) and K. Usulawathi, K. Wyman (substituted by K. Usulawathie), Aitken Spence & Co. Ltd., Ahungalla Hotels Ltd., and others, the court addressed whether the third and seventh defendants (Aitken Spence & Co. Ltd. and Ahungalla Hotels Ltd.) should be permitted to amend their statements of claim in a partition action several years after trial had commenced. It was held that such amendment is not permissible under Section 93(2) of the Civil Procedure Code absent demonstration of grave and irremediable injustice and provided there is no laches on the part of the applicant. The findings established that the petitioners were guilty of inordinate delay and improper procedural conduct, and failed to justify the necessity for