Sisira Susantha vs. Indian Overseas Bank PLC – sllr 2012 volume 2 page 361

In the case between Sisira Susantha (Plaintiff) and Indian Overseas Bank PLC and another (Defendants), the court addressed the issue of whether the amendment of a plaint to add a new party, following the sale of the disputed property, fell to be determined under Section 21 or Section 93(2) of the Civil Procedure Code. It was held that the situation, involving the addition of a necessary party due to the sale, mandated application of Section 21 rather than Section 93(2). The decision reaffirmed that amendments necessitated by the introduction of new parties in light of changing property interests should be guided by Section 21, not the stricter requirements of Section 93(2). This approach relied on the proper interpretation of the Civil Procedure Code and existing procedural case law. The c