Wanniarachchige Susila Piyawathi et. al. v. Maharage Jamis Perera et. al. – 696/1997-2017

The case between Wanniarachchige Susila Piyawathi and others (Plaintiff-Appellants, substituted for original plaintiffs W. Siyadoris and R.P. Sisilin Nona) and P.A. Lily Fonseka and others (Defendant-Respondents, substituted for original defendants Maharage Jamis Perera and Maharage Helena Perera), addressed whether an omission to name all necessary substituted respondents in a petition of appeal renders the appeal fatally defective and non-maintainable. The findings established that such an omission is not automatically fatal where all affected parties had notice and participated in the proceedings. The principle reaffirmed is that procedural defects in naming parties may be rectified at the court’s discretion under Section 759(2) of the Civil Procedure Code, provided no material prejudic