W. M. Mendis & Co v. Excise Commissioner – sllr 1999 volume 1 page 351

In the case between W. M. Mendis & Co. and the Excise Commissioner (W. N. F. Chandraratna, Commissioner-General of Excise), the court addressed whether a misdescription of the defendant in the plaint rendered the action invalid or could be remedied through amendment. It was held that such technical errors do not nullify proceedings if the intended party is otherwise sufficiently identified, and that the filing of proxy and answer demonstrates the representation of a natural person on behalf of the office named. The legal principle reaffirmed was that procedural defects should not defeat substantive rights when there is no confusion as to identity, following maxims such as “Falsa demonstratio non nocet.” The decision permitted amendment of the plaint caption and allowed the defendant to fil