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FERNANDO v. SOYSA


FERNANDO v. SOYSA

FERNANDO v. SOYSA.

D. C., Colombo, 6,796.

Amendment of plaint-Order for amendment-Amendment of issues- Issues, on what material to be framed- of defendant- Executor?s assent to legacy-In sufficiency of assets in executor?s hands-Legatee?s action for legacy-Technical objections to pleadings-Civil Procedure Code, ss. 93, 146, and 720.

Per BONSER, C.J.-

(1) When a plaint is once accepted by a Court it cannot be returned for amendment; It is, when so accepted, a part of the record, and can only be dealt with by the Court.

(2) An order for amendment of a pleading is bad in form if it does not clearly specify the amendments to be made.

(3) In the chapter in the Civil Procedure Code dealing with the trial of actions and settlement of issues there is provision as to amendment of issues an4 framing of additional issues, but none as to amendment. of pleadings. That is dealt with in section 13, by which power is given to the Court to amend pleadings; and when necessity arises to amend a plaint for the purpose of properly stating the plaintiff?s case, the Judge should make the amendments there and then, and not direct the plaintiff to do so.

(4) A legat

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