SIYANERIS & CO. LTD
V.
JAYASINGHE AND OTHERS
 
 

COURT OF APPEAL
EKANAYAKE.J
SISIRA DE ABREW.J
CALA 8812003 (LG)
DC RATNAPURA 14845/M
DECEMBER 7,2007 

Civil Procedure Code - Section 18 - Addition of a party who was previously discharged - Bona fide - Legality? Discretion of Court - Prejudice caused? - Prescriptive rights? - Prescription Ordinance No. 22 of 1871.

The plaintiff instituted action seeking a decree in a sum of Rs. 500,00/- against the 1 - 3 defendants on their joint and several liability together with interest - on account of damages suffered by the plaintiff as a result of the death of her husband caused in a motor accident. The 3rd defendant though wrongly named filed answer denying liability. Initially the 3rd defendant was discharged on the basis that the 2nd defendant was the registered owner. Subsequently the
 

plaintiff alleging that he was under the Impression that the 2nd defendant was the registered owner, and having later come to know that the 3rd defendant is in fact the owner, sought to add him as a party. The District Court allowed the application - on leave being granted.

Held:

(1) A plain reading of Se