Edmund Perera v. Nimalaratne And Another – sllr 2005 volume 3 page 068

In the case between Edmund Perera (Plaintiff) and Nimalaratne and Another (Defendants), the court addressed whether a jurisdictional objection—initially pleaded but later abandoned—may be revived during the course of trial, specifically with reference to private nuisance claims and the statutory framework under the Judicature Act and Civil Procedure Code. It was held that such an objection, when not actively pursued at the outset and not properly framed with clear statutory reference, could not be reintroduced after the parties had proceeded on the agreed issues and led evidence. The court reaffirmed that parties are bound by the issues agreed upon at trial and that jurisdictional objections must be timely, definite, and based on clear statutory support. This decision relied on established