Kuruppuarachchi v. Andreas – sllr 1996 volume 2 page 011

The case between Kuruppuarachchi (Plaintiff) and Andreas (Defendant) addressed the issue of whether a party may amend pleadings to introduce a new cause of action (adultery) after the trial has commenced, in the context of divorce proceedings for malicious desertion. It was held that amendments to pleadings on or after the trial date are restricted under Section 93(2) as amended by Act No. 9 of 1991, and such amendments, particularly those introducing new grounds, are contrary to the statutory objective of preventing undue delay in litigation. The principle established reiterates judicial restraint in permitting amendments to pleadings at advanced stages, relying on statutory interpretation and precedent to uphold procedural efficiency and substantive fairness.

G.P.S DE SILVA, C.J. — The