1963 Present: Basnayake, C. J., Abeyesundere, J., and G. P. A. Silva, J.

LEBBE, Appellant, and SANDANAM, Respondent

S. C. 127159-D. C. Kandy, 7457 /MR

    Pleadings-Amendment of plaint-Scope of the power of Court to amend plaint-Distinction between amendment and alteration-
Civil Procedure Code, ss. 21,38, 46 (2), 93.

Sections 21, 28, 46 (2) and 93 of the Civil Procedure Code provide for amendment of the plaint in each of the cases specified in those sections, Except in section 93 the burden of making the amendment is imposed on the plaintiff. In section 93 the power to amend is conferred on the Court. The Court may not exercise that power before the hearing of the action or after final judgment.

The power conferred on the Court by section 93 of the Civil Procedure Code is the limited power of amendment. The word " amend " means, in legal procedure, the correction of an error. The Court's p