SIRIWARDENA AND OTHERS VS JOHN KEELS CO. LIMITED – sllr 2005 volume 2 page 089

In the case between Siriwardena and Others and John Keells Co. Limited, the court addressed the validity and consequences of a defect in the proxy accompanying a plaint, specifically whether such a defect rendered the plaint invalid or if it could be remedied. It was determined that a defect in the proxy, such as appointing multiple attorneys, is curable provided that the attorney who signs the plaint is among those named in the proxy and authority is effectively demonstrated. The findings established that the limitation period under Section 247 of the Civil Procedure Code does not operate as an absolute legal bar to the correction of such defects. Reliance was placed on established precedents including Treaby vs. Bawa and Thilakaratna vs. Wijesinghe, reaffirming the principle that curable