Siyaneris & Co. Ltd vs Jayasinghe and Others – sllr 2012 volume 1 page 124

In the case between K.M. Siyaneris & Co. Ltd (Petitioner) and Jayasinghe and Others (Plaintiff–Respondent), the court addressed the issue of whether a previously discharged defendant—later found to be the registered owner of a vehicle involved in a fatal motor accident—may be re-added as a party under Section 18(1) of the Civil Procedure Code, and whether such a party retains the right to plead prescription. It was held that the addition of the correct party under Section 18(1) was permissible to enable a complete determination of the issues in the action, and that the added party was not precluded from raising the plea of prescription. This decision reaffirmed the principle that procedural rules should allow for the adjudication of all issues and parties necessary for fair and effective j

REF: sllr 2012 volume 1 page 124 Category: Tag:
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