Nations Trust Bank PLC vs Pulukkuttige Don Dinesh Shammika Kumara Piyathilake – SC APPEAL 146/2014-2016

In the case between Nations Trust Bank PLC and Pulukkuttige Don Dinesh Shammika Kumara Piyathilake, the court addressed whether the filing of an amended plaint in a Debt Recovery action constitutes a “fresh action” barred by Section 406(2) of the Civil Procedure Code. The dispute arose after a Debt Recovery order nisi was issued and the petitioner withdrew a previous related case without reserving rights for future proceedings. The sequence of events included the High Court’s interpretation that amending a plaint is equivalent to filing a new suit. The Supreme Court clarified that the filing of an amended plaint does not amount to instituting a fresh action and emphasized that procedural and statutory requirements under the Debt Recovery Act must be followed strictly. It was determined tha