Perera v. Geekiyana – sllr 2007 volume 1 page 202

In the case between Perera (Plaintiff) and Geekiyana (Defendant), the court addressed the issue of whether a technical, handwritten correction in the plaint’s caption—from “Mt. Lavinia” to “Colombo”—necessitated a formal amendment or whether such a minor, curable error could allow the case to proceed to trial. The court held that trivial technical mistakes should not prevent substantive justice, determining that the error was curable and did not impact the merits of the case. The principle reaffirmed that amendments to pleadings are only necessary when the real issues are in doubt, underscoring that justice must not be obstructed by technicalities. The decision relied on the Civil Procedure Code and relevant precedents, clarifying that procedural defects not affecting the merits should not

REF: sllr 2007 volume 1 page 202 Category: Tag:
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