CITY PROPERTIES (PVT) LTD V EDIRISINGHE

CITY PROPERTIES (PVT) LTD. V. EDIRISINGHE

SUPREME COURT
TILAKAWARDANA, J.
SRIPAVAN, J. AND
IMAM, J.
S.V. (CHC) APPEAL NO. 34/2008
S.C.H.C.L.A 18/2008
COMMERClAL HIGH COURT
CASE NO. HC (CIVIL) 47/2006 (01)
FEBRUARY 18TH, 2010

Civil Procedure Code - Section 46(2) - Court may reject the plaint, when the plaint having been returned for amendment with in a time fixed by the court is not amended with in such time - Section 93 - Wide discretion to Court to amend the pleadings.

The Plaintiff - Respondent based his action on an oral agreement which he alleged to have been entered into with the Defendant - Petitioner. When the matter was taken up for trial, the Petitioner objected to issue No.2 raised by the Respondent on the ground that the plaint did not disclose either the date of the oral agreement or the identity of the person with whom such agreement had been entered into. Thereupon the learned High Court judge made the order marked 'A6' Wherein the learned Judge rejected the proposed issue No.2 as the date or the approximate period during which the agreement was entered into or the identity of the authorized representative o

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