Galle Acharige Amaradasa vs Gallage Anil Chandradasa and others – SC APPEAL 155/2022-2025

The case between the 2nd Defendant-Petitioner-Appellant and the Plaintiff-Respondent addressed the issue of amending a plaint in an ejectment action to include a declaration of title. The court held that such an amendment did not change the fundamental nature of the action or prejudice the 2nd Defendant-Appellant’s plea of prescriptive rights, as the prescriptive period had already elapsed. This decision reaffirmed the principle that amendments are permissible under Section 93 of the Civil Procedure Code if no grave injustice is caused and without laches, distinguishing cases involving overholding tenants from those with third parties claiming title or prescription. The appeal was dismissed, affirming the decisions of the lower courts.

K. Priyantha Fernando, J. delivered the main judgme