Gricilda Hewa v. Thomas Hewa – sllr 1998 volume 3 page 043

In the case between Gricilda Hewa (Plaintiff) and Thomas Hewa (Defendant), the court addressed whether a power of attorney or its certified copy must be filed at the time a plaint is submitted, and whether failure to do so is a fatal irregularity or a defect that may be cured subsequently. It was held that, under Section 25(b) of the Civil Procedure Code, the filing of the power of attorney with the plaint is not mandatory, and any irregularity from non-filing is curable and does not affect the substance or jurisdiction of the proceedings. The principle reaffirmed is that procedural defects of this nature do not preclude the plaintiff from proceeding where remedial action is possible. The judgment relied on prior authorities including Aitken Spence & Co. v. Fernando, Udeshi v. Mather, and