Jayasinghe v. Gnanawathie Menike – sllr 1997 volume 3 page 410

In “JAYASINGHE v. GNANAWATHIE MENIKE,” the court addressed whether a district court judge possesses authority to correct a clerical misdescription in a party’s name at an early stage in proceedings. It was held that such correction is permissible when the true identity of the party is otherwise clearly established by supporting documents, reaffirming the principle that procedural formalities should not defeat substantive justice where identity is certain. The decision relied on established legal maxims, including “Falsa demonstratio non nocet cum de corpore vel persona constat,” as well as relevant precedents, and emphasized that correction of obvious clerical errors in party designations is consistent with the due administration of justice.

Jayasuriya J. — The findings established that

REF: sllr 1997 volume 3 page 410 Category: Tag:
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