Sumanawathie Karunaratne and Others vs Ariyaratne – sllr 2005 volume 2 page 047

In the case between Sumanawathie Karunaratne and Others (plaintiff-petitioners) and Ariyaratne (defendant-respondent), the court addressed whether, under Section 146 of the Civil Procedure Code, fresh issues not specifically pleaded in the initial plaint could be formulated and entertained after the commencement of proceedings. The application sought leave to appeal against the trial judge’s refusal to allow such issues, arising from survey evidence that revealed the plaintiff’s encroachment on the defendant’s land. It was held that introducing new issues that amount to a new cause of action is impermissible where not originally pleaded, as this would occasion material prejudice and expand the litigation’s scope. The decision reaffirmed that judicial discretion in formulating issues must n