Ceylon Insurance Co., Ltd. v. Nanayakkara and Another – sllr 1999 volume 3 page 050

In Ceylon Insurance Co., Ltd. v. Nanayakkara and Another, the court addressed whether an application to amend pleadings should be permitted under Sections 80 and 93(2) of the Civil Procedure Code, considering the delay and the doctrine of laches. The issue arose in the context of an insurance claim where the plaintiff sought to amend the plaint over three years after commencement of proceedings. It was held that mere delay does not automatically amount to laches; instead, the specific circumstances, including the reasons for the delay and its impact, must be evaluated. The principle reaffirmed requires that amendments may be allowed where refusal would result in grave and irremediable injustice and the applicant has not been guilty of laches. Guidance was drawn from relevant statutes and j