S.M. Heenmenike, S.K.A. Priyanthe Senanayake, S.K.A. Chamila Kumari Senanayake vs. Suraweera Aratchchilage Mangalika Malkanthi and Kaluaratchchilage Pushpa Kaluaratchchi – SC APPEAL 41/2012-2012

In the case between Suraweera Aratchchilage Mangalika Malkanthi and others (Plaintiffs-Respondents) and S.M. Heenmenike and others (Substituted Defendant-Appellants), the court addressed whether naming a deceased person and omitting required parties in an appeal petition constituted an incurable defect or a curable procedural defect under sections 755, 758, 759(2), and 770 of the Civil Procedure Code. It was held that such a defect was curable, emphasizing that no material prejudice was caused and that procedural rules should not defeat substantive justice. Reliance was placed on established authorities, including Wimalasiri vs. Premasiri, Nanayakkara vs. Warnakulasuririya, and Keerthisiri vs. Weerasena, clarifying the approach to substitution of parties and technical errors. The High Cour