Mariyammah Sandiyapillai and Karthigesu Sivanesan vs. Karunakaran Navartnasingham et al. – SC APPEAL NO. 138/11-2016

In the case between Plaintiff-Appellants Mariyammah Sandiyapillai and Karthigesu Sivanesan and Defendant-Respondents Karunakaran Navartnasingham, Guneluxumy Maheswaran, Vinayagamoorthy Kumaraguru, and Thanaluxumy, the court addressed the issue of whether defects in a proxy (Power of Attorney) rendered it invalid or could be rectified, and whether the lower courts erred in dismissing the case due to such technical deficiencies. It was determined that procedural defects in the proxy, when the principal’s intent and authorization are established, are curable, and courts should grant parties an opportunity to correct such defects, thus ensuring substantive issues—here, a dispute over land title—are decided on merit rather than technicality. The appeal was allowed, the prior dismissals set asid