SUMANASEKERA AND 2 OTHERS Vs. MOHAMMED TUWAN MOHOMMED MEEZAM

SUMANASEKERA AND 2 OTHERS
Vs.
MOHAMMED TUWAN MOHOMMED MEEZAM

SUPREME COURT
AMARATUNGA, J.,
SURESH CHANDRA, J., AND
DEP, PC, J
S.C. APPEAL No. 04/2011
SC/HCCA/LA No. 228/2010
WP/HCCA/Col/09/2008/LA
D.C. Colombo No. 37512/MR
March 9th, 2012

Civil Procedure Code - Amendment of pleadings - The purpose of the amendment is to add a party - Section 18 and Section 93 of the Civil Procedure Code - Prescription of 229 Ordinance-1871 - Section 9 applicability = Addition of a Party after decree? Is Court not functions? Addition of a party after Section presonipture period - Permitted?

This appeal raises an important issue as to the amendment of pleadings in a case before the District Court where the purpose of amendment is to add a party. The relevant sections of the Civil Procedure Code in regard to this matter are Section 18 and Section 93.

Held:

(1) The purpose of addition of parties according to Section 18(1) is to enable the Court to "effectively and completely adjudicate upon and settle all the questions involved" in an action However, the addition of a party should be subject to any positive rule of law that wo

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