Waisadura Samantha Priyaruwan Jayaweera vs Karadana Lekamlage Nilupa Sittari Jayaratne – SC APPEAL 86/2017-2024

In the case between Karadana Lekamlage Nilupa Sittari Jayaratne and Waisadura Samantha Priyaruwan Jayaweera, the core issue addressed was whether a defendant is entitled, under Section 93(2) of the Civil Procedure Code, to amend his answer to introduce a new cause of action—specifically, an allegation of adultery with the addition of a co-respondent—after the trial date has been fixed. The sequence of events involved the defendant seeking this amendment in a matrimonial dispute, contestation by the plaintiff, and subsequent rejection of the amendment by both the District and High Courts on grounds including delay and failure to disclose the source of information. Upon appeal, it was determined that the stringent requirements under Section 93(2)—namely, prevention of grave and irremediable