Jeneeta Martel Loren Perera v. Francis Rajeev Perera et al. – SC SPL. LA NO 198/2011-2011

In the case between Jeneeta Martel Loren Perera Nee Cooray (Plaintiff/Appellant) and representatives including Francis Rajeev Perera, Rexy Alfred Perera, Reginold Perera, Henry Leonard Perera, and others (Defendant/Respondent Petitioners), the court addressed whether the inclusion of a deceased party’s name in the caption rendered an application fatally defective or a nullity, and whether a belated amendment to correct this defect could be accepted. It was determined that while the mistaken citation of a deceased party created a procedural irregularity, such an error did not, in this context, render the entire application a nullity. The court exercised its inherent powers to permit the matter to proceed by deleting the deceased party’s name. However, the belated amendment attempting to sub