Jayampathi and Another v Kudabanda – sllr 2008 volume 2 page 289

In the case between Jayampathi and Another (plaintiffs/respondents, representing an injured party and his daughter) and Kudabanda (defendant-appellant), the court addressed issues arising from the joinder of necessary parties under the Civil Procedure Code, specifically the failure to file an amended caption per Section 18(2) after adding the plaintiff’s daughter as a party. The court determined that such procedural irregularities, particularly the non-compliance with mandatory requirements for party addition, could not be remedied at the appellate stage and warranted the setting aside of the lower court’s judgment. The principle reaffirmed is that mandatory procedural requirements under the Civil Procedure Code relating to the proper joinder of parties are essential to the validity of pro

REF: sllr 2008 volume 2 page 289 Category: Tag:
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