Mawella Vithanwasam Samson Paragodawatta v. Mawella Vithanwasam Hinninina Paragodawatta – CA 940/97 F -2017

In the case between Mawella Vithanwasam Samson Paragodawatta (Plaintiff) and Ambagahawattage Padmini Kariyawasam, Ambagahawattage Prince Jana Kumara Kariyawasam, and Ambagahawattage Punya Sharmini Kariyawasam (Substituted Defendant-Appellants), the court addressed whether amendment to the Plaint was permissible after the matter was fixed for ex parte trial and the propriety of the District Court’s refusal to set aside the ex parte decree in light of such amendment. It was held that amendments of substance to the Plaint post ex parte trial order are procedurally improper and prejudicial to the absent party, warranting the setting aside of the ex parte decree and restoration of the Defendants’ right to participate in the proceedings. The decision reaffirmed the principle that amendments afte