Fernando v. Lakshman Perera – sllr 2000 volume 2 page 413

In the case between Fernando (Plaintiff Petitioner) and Lakshman Perera (Defendant Respondent), the court addressed whether the inclusion of claims to invalidate deeds alongside a declaration of title constituted a misjoinder of causes of action under Section 35(1) of the Civil Procedure Code. It was held that the ancillary reliefs sought—namely, the invalidation of deeds—were consequential to the central cause for declaration of title and did not amount to misjoinder. The principle reaffirmed was that relief incidental or consequential to the primary cause of action can be joined without violating procedural requirements. This decision relied on an array of precedents, including Appuhamy v. Diyonis and Adlin Fernando v. Lionel Fernando, emphasizing that the refusal of interim relief based