Susil Perera v. Kelly and Others – sllr 2002 volume 3 page 163

In Susil Perera v. Kelly and Another, the issue concerned whether an added party’s objection, based on the absence of any claimed relief against him, warranted his release from the action, and the procedural requirements regarding the timing of such objections under the Civil Procedure Code. It was determined that once a party is properly joined, subsequent objections to misjoinder or lack of relief must be raised at the earliest opportunity; failure to do so precludes release from proceedings merely on the basis of non-claim. Reliance was placed on section 22 of the Civil Procedure Code and authorities such as Rauther v. Kandasamy, emphasizing the necessity of raising procedural objections promptly and the importance of including all necessary parties for complete adjudication.

Nanayakka