Bastian Koralalage Camillus Sunny Rodrigo vs. Bastian Koralalage Kingsley Rodrigo – SC APPEAL NO. 24/2020-2021

In the case between Bastian Koralalage Kingsley Rodrigo (Plaintiff) and Bastian Koralalage Camillus Sunny Rodrigo (1st Defendant/Petitioner), the court addressed the issue of whether the Plaintiff’s application to amend the plaint—submitted nearly a decade after the original filing—should be governed by Section 93(1) or Section 93(2) of the Civil Procedure Code, with specific regard to the strict limitations on amendments after the “day first fixed for trial.” It was held that the Plaintiff’s significant delay constituted laches and that granting the amendment would result in grave and irremediable prejudice to the Defendant. The principle reaffirmed is that procedural fairness and finality in litigation are safeguarded by limiting amendments once a trial date has been fixed, particularly