SISIRA SUSANTHA Vs. INDIAN OVERSEAS BANK PLC AND ANOTHER

SISIRA SUSANTHA
Vs.
INDIAN OVERSEAS BANK PLC AND ANOTHER

SUPREME COURT
AMARATUNGA, J.,
EKANAYAKE. J AND
SURESH CHANDRA, J
S.C. APPEAL No 108/2011
SC (LA) No. SC (HC) LA 47/11
COMMERCIAL HIGH COURT CASE No. HC (CIVIL) 105/2002(1)
NOVEMBER 29TH, 2011

Civil Procedure Code - Section 21 - Addition of Parties - Amendment of Plaint - Section 93(2) - Amendment of Pleadings - Delay

The question that arose for consideration before the Supreme Court was the law relating to amendment of a plaint, in that whether Section 93 of the Civil Procedure Code was applicable or whether Section 21 applies. It is to be noted that since there was a change in circumstances relating to the case, as the 1st Respondent had sold the property in question to the 2nd Respondent after the enjoining order obtained initially by the Appellant had been dissolved and since the Appellant was challenging the vesting of the property in the 1st Respondent, it became necessary to bring the 2nd Respondent as a party to the action. The Court directed to amend the caption accordingly, but when the Appellant moved to amend the plaint, made order refusing th

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