Ranjith De Silva v. Dayananda And Others – sllr 2006 volume 1 page 305

The case between Ranjith de Silva (Plaintiff) and Dayananda and Others (Defendants) addressed the issue of whether non-compliance with section 16 of the Civil Procedure Code constituted a fatal irregularity and the scope of remedial action under the rule of nunc pro tunc. It was held that the procedural defect in publishing the requisite notice could be remedied by a subsequent court order, applying the principle that “actus curiae neminem gravabit,” which prevents a party from being prejudiced by procedural errors of the court. This decision reaffirmed that defects in procedural notice at the pleadings stage are not fatal where the court permits corrective action and the interests of justice are served. The ruling relied on precedents such as Ranasinghe vs Abeydeera and Caroline Soysa vs