Kalukapuge Thomas Perera v. Kalukapuge Engalthina, Kalukapuge Simiyan, Lanka Lands Company Ltd – SC APPEAL 172/16-2021

In the case between Kalukapuge Karthelis Perera (substituted Plaintiff for Kalukapuge Thomas Perera) and parties including Kalukapuge Engalthina, Kalukapuge Simiyan, Lanka Lands Company Ltd, and Communication and Business Equipment (Pvt) Ltd (now Apogee International (Pvt) Ltd), the court addressed the issue of whether a corporate entity, the Appellant, could be substituted as a party under Section 404 of the Civil Procedure Code following the striking off of the original corporate Defendant, and in light of an alleged delay. It was held that the Appellant was entitled to be substituted in the room of the 3rd Defendant, finding no unreasonable delay or breach of the principle of uberrima fides, and determining that the procedure for substitution had been properly followed. The principle re