J P I Sisira Susantha vs Indian Overseas Bank Plc – SC APPEAL NO.108/2011-2011

In the case between J. P. I. Sisira Susantha (Administrator of the Estate of J.P.I. Piyadasa) and Indian Overseas Bank Plc with Randunu Dissanayakalage Sarath Kumara Wijewickrama (added respondent), the Supreme Court addressed whether an amendment to the plaint after the inclusion of a new party should be governed by Section 21 or Section 93(2) of the Civil Procedure Code. It was held that such amendments, resulting from the addition of a new party, fall under Section 21, not Section 93(2), which applies to amendments after the trial is fixed. The court reaffirmed that procedural fairness requires appropriate application of the correct statutory provision and recognized that the refusal of the amended plaint by the Commercial High Court was unwarranted in light of the changed circumstances