City Properties (Pvt) Ltd. v. Edirisinghe – sllr 2011 volume 2 page 273

Brief
In the case between City Properties (Pvt) Ltd. and Edirisinghe, the court addressed whether the respondent’s amended plaint satisfied the directions for disclosure of the date and identity of the petitioner’s representative regarding an alleged oral agreement for commission on a property sale. It was held that failure to comply with explicit court directions on amending pleadings—specifically, the failure to disclose required information—precludes a party from later seeking legal protection on the same cause of action. The principle reaffirmed is that discretionary powers to allow amendment to pleadings under Section 93 of the Civil Procedure Code must be exercised within the constraints of Section 46(2) to ensure the proceedings are on the true disputes and legal requirements are me