Gafoor and Others vs. Hibathullah and Others – sllr 2021 volume 2 page 542

In the case between Gafoor and Others (Plaintiff) and Hibathullah and Others (Defendant), the court considered whether the absence of the Director’s certificate with the original plaint, as mandated by section 9E(3) of the Muslim Mosques and Charitable Trusts or Wakfs Act, constituted a fatal procedural defect and if subsequent rectification through an amended plaint was sufficient. The findings established that the failure to attach the certificate initially amounted only to a technical irregularity that could be cured during the pendency of proceedings, provided no substantive prejudice occurred. Reliance was placed on precedents including Rodrigo v. Raymond and Gunaratne v. Abeysingha. It was emphasized that procedural irregularities may be rectified if no injustice results and that dis