Sunny Rodrigo vs. Kingsley Rodrigo – sllr 2021 volume 2 page 388

In SUNNY RODRIGO v. KINGSLEY RODRIGO and Others, the court addressed the determination of the “day first fixed for trial” under the Civil Procedure Code and the permissibility of amending pleadings after significant delay. It was established that a nearly decade-long delay in seeking amendment of the plaint, together with circumstances amounting to laches, precluded granting the amendment, as such action would inflict grave and irremediable prejudice on the defendant. The court reaffirmed the principle that amendments to pleadings are subject to judicial discretion and statutory constraints, particularly where delay and resulting injustice are shown. Reliance was placed on the interpretation of sections 80, 93(1), and 93(2) of the Civil Procedure Code and pertinent precedents, emphasizing