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CIVIL PROCEDURE CODE

AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE

PROCEDURE OF THE CIVIL COURTS.
Ordinance Nos,
12 of 1895
23 of 1901
12 of 1904
14 of 1907
31 of 1909
9 of 1917
39 of 1921
42 of 1921
21 of 1927
23 of 1927
25 of 1927
15 of 1930
26 of 1930
4 of 1940
18 of 1944
39 of 1945

Law Nos,
12 of 1973
44 of 1973
25 of 1975
19 of 1977
20 of 1977

Act Nos,
7 of 1949
43 of 1949
20 of 1954
48 of 1954
32 of 1957
49 of 1958
3 of 1960
24 of 1961
5 of 1964
23 of 1969
24 of 1969
53 of 1980
79 of 1988
2 of 1990
6 of 1990
9 of 1991
6 of 1993
14 of 1993
11 of 1995
12 of 1996
14 of 1997
38 of 1998
34 of 2000
20 of 2002
4 of 2005

[1 st August , 1890 ]

CHAPTER I
PRELIMINARY
Short title. 1. This Ordinance may be cited as the Civil Procedure Code.
Where no 4. In every case in which no provision is made by this Ordinance, the procedure and practice
provision is made
hitherto in force shall be followed, and if any matter of procedure or practice for which no
special directions
provision is made by this Ordinance or by any law for the time being in force shall after this
to be given by
Ordinance comes into operation arise before any court, such court shall thereupon make
Court of Appeal.
application to the Court of Appeal for, and the Court of Appeal shall and is hereby required to
give, such special orders and directions thereupon as the justice of the case shall require :
Provided always that nothing in this Ordinance contained shall be held in any way to affect or
modify any special rules of procedure which, under or by virtue of the provisions of any
enactment, may have from time to time been laid down or prescribed to be followed by any
civil court in Sri Lanka in the conduct of any action, matter, or thing of which any such court
can lawfully take cognizance, except in so far as any such provisions are by this Ordinance
expressly repealed or modified.
Interpretation. 5. The following words and expressions in this Ordinance shall have the meanings hereby
assigned to them, unless there is something in the subject or context repugnant thereto;
"action" is a proceeding for the prevention or redress of a wrong;
[2,20 of 1977] "Attorney-General" includes the Solicitor-General, the Additional Solicitor-General and any
State Counsel specially authorized by the Attorney-General to represent the Attorney-
General;
"cause of action" is the wrong for the prevention or redress of which an action may be
brought, and includes the denial of a right, the refusal to fulfill an obligation, the neglect to
perform a duty and the infliction of an affirmative injury;
"civil court" means a court in which civil actions may be brought;
"counsel" means an attorney-at-law instructed by a registered attorney;
"court" means a Judge empowered by law to act judicially alone, or a body of Judges
empowered by law to act judicially as a body, when such Judge or body of Judges is acting
judicially;
"decree" means the formal expression of an adjudication upon any right claimed or defence
set up in a civil court, when such adjudication, so far as regards the court expressing it,
decides the action or appeal; (An order rejecting a plaint is a decree within this definition.)
[2,79 of 1988] "Fiscal" includes a Deputy Fiscal
"foreign court" means a court situate beyond the limits of, and not having authority in, Sri
Lanka;
"foreign judgment" means the judgment of a foreign court;
[2,20 of 1977] "Judge" means the presiding officer of a court and includes Judges of the Supreme Court
and of the Court of Appeal, District Judges, Judges of Family Courts and Judges of Primary
Courts;
"judgment" means the statement given by the Judge of the grounds of a decree or order;
"judgment-creditor" and " decree-holder " mean any person in whose favor a decree or order
capable of execution has been made, and include any transferee of such decree or order;
"judgment-debtor" means any person against whom a decree or order capable of execution
has been made;
[2,20 of 1977] "legal document" includes all processes, pleadings, petitions, affidavits, notices, motions and
other documents, proceedings, and written communications;
"order" means the formal expression of any decision of a civil court which is not a decree;
"original court " includes District Courts, Family Courts and Primary Courts;
[2,20 of 1977] "Public Trustee" means the Public Trustee of Sri Lanka appointed under the Public Trustee
Ordinance and includes a Deputy Public Trustee or any other state officer generally or
specially authorized by the Public Trustee to act on his behalf;
"recognized agent" includes the persons designated under that name in section 25 and no
others;
[2,20 of 1977] " registered attorney " means an attorney-at-law appointed under Chapter V by a party or his
recognized agent to act on his behalf;
[2,20 of 1977] "Registrar" in relation to a court - includes an Additional, Deputy or Assistant Registrar;
"signed" includes "marked" when the person making the mark is unable to write;
[2,20 of 1977] "the Island" and "this Island" means respectively the Island of Sri lanka;
"written" and "writing" include "printed" and "print" and "lithographed" and "lithograph"
respectively.

PART I
 OF ACTIONS IN GENERAL

CHAPTER II
GENERAL PROVISIONS
Action. 6. Every application to a court for relief or remedy obtainable through the exercise of the
court's power or authority, or otherwise to invite its interference, constitutes an action.
Procedure of an 7. The procedure of an action may be either " regular " or " summary ".
action.
Illustrations
In actions of which the procedure is regular, the person against
whom the application is made is called upon to formally state his
answer to the case which is alleged against him in the application
before any question of fact is entertained by the court, or its
discretion thereon is in any degree exercised.
In actions of which the procedure is summary, the applicant
simultaneously with preferring his application supports with proper
evidence the statement of fact made therein; and if the court in its
discretion considers that a prima facie case is thus made out
(a) either the order sought is immediately passed against the
defendant before he has been afforded an opportunity of opposing
it, but subject to the expressed qualification that it will only lake
effect in the event of his not showing any good cause against it on
a day appointed therein for the purpose;
(b) or a day is appointed by the court for entertaining the matter of
the application on the evidence furnished, and notice is given to
the defendant that he will be heard in opposition to it on that day if
he thinks proper to come before the court for that purpose.
Procedure of 8. Save and except actions in which it is by this Ordinance or any other law specially
action to be
provided that proceedings may be taken by way of summary procedure, every action shall
ordinarily regular.
commence and proceed by a course of regular procedure, as hereinafter prescribed.
[2,53 of 1980]

CHAPTER III
OF THE COURT OF INSTITUTION OF ACTION
Institution of 9. Subject to the pecuniary or other limitations prescribed by any law, action shall be
actions: in what
instituted in the court within the local limits of whose jurisdiction
court.
(a) a party defendant resides; or
(b) the land in respect of which the action is brought lies or is situate in whole
or in part; or
(c) the cause of action arises; or
(d) the contract sought to be enforced was made.

When one of two When it is alleged to be uncertain within the local limits of the jurisdiction of which of two or
or more courts more courts any immovable property is situate, any one of those courts may, if satisfied that
may entertain an there is ground for the alleged uncertainty, record a statement to that effect, and thereupon
action. proceed to entertain and dispose of any action relating to that property; and its decree in the
action shall have the same effect as if the property were situate within the local limits of its
jurisdiction:
Provided that the action is one with respect to which the court is competent as regards the
nature and value of the action to exercise jurisdiction.
Of application for 10. Any of the parties to an action which is pending in any original court may, before trial,
withdrawal and
and after notice in writing to the other parties of his intention so to do, apply to the Court of
transfer of action.
Appeal by motion, which shall be supported by affidavit setting out the grounds on which it is
[3,20 1977]
based, for the withdrawal of such action from the court in which it is pending and for the
transfer of it for trial to any other court competent to try the same in respect of its nature and
the amount or value of its subject-matter. And the Court of Appeal may, on any such
application after hearing such of the parties as desire to be heard, and on being satisfied that
such withdrawal and transfer are desirable for any of the following reasons;
 (a) that a fair and impartial trial cannot be had in any particular court or place;
or
(b) that some question of law of unusual difficulty is likely to arise; or
(c) that it is expedient on any other ground,

Withdraw any such action pending in any such court, and transfer it for trial to any other such
court as aforesaid, upon any terms that the Court of Appeal shall think fit. When the action
might have been instituted in any one of several courts, the balance of convenience only
shall be deemed sufficient cause for such withdrawal and transfer to one of the alternative
courts.
Stamp duty. In no case in which any action is so transferred as aforesaid from one court to another shall
any stamp fee be leviable in the court to which the action is transferred on any pleading or
exhibit on which the proper stamp fee has been paid in the court from which the action is so
transferred.

CHAPTER IV
OF PARTIES AND THEIR APPEARANCES, APPLICATIONS, AND
ACTS
Plaintiffs. 11. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged
to exist, whether jointly, severally, or in the alternative, in respect of the same cause of
action. And judgment may be given for such one or more of the plaintiffs as may be found to
be entitled to relief for such relief as he or they may be entitled to, without any amendment of
the plaint for that purpose. But the defendant though unsuccessful, shall be entitled to his
costs occasioned by so joining any person who is not found entitled to relief, unless the court
in disposing of the costs of the action otherwise directs.
Where joint 12. Where two or more persons are entitled to the possession of immovable property as
tenants or tenants
joint tenants or tenants in common, one or more of them may maintain an action in respect of
in common.
his or their undivided shares in the property in any case where such an action might be
maintained by all.
Substituted and 13. Where an action has been instituted in the name of the wrong person as plaintiff, or
added plaintiffs.
where it is doubtful whether it has been instituted in the name of the right plaintiff, the court
may at any stage of the action, if satisfied that the action has been so commenced through a
bona fide mistake, and that it is necessary for the determination of the real matter in dispute
so to do, order any other person or persons, with his or their consent, to be substituted or
added as plaintiff or plaintiffs, upon such terms as the court thinks just.
Defendants. 14. All persons may be joined as defendants against whom the right to any relief is alleged
to exist, whether jointly, severally, or in the alternative, in respect of the same cause of
action. And judgment may be given against such one or more of the defendants as may be
found to be liable, according to their respective liabilities, without any amendment.
Substitution where 14A.
person against
(1) Where a person against whom the right to any relief is alleged to exist is
whom a right to
dead and the right to sue for such relief survives, the person in whom such
any relief is
right is alleged to exist, may make an application by way of summary
alleged to exist
procedure supported by affidavit to the court in which an action for the same
dies and the right
may be instituted, in the following manner:-
to sue for relief
(a) Where such person has died intestate leaving an estate,
survives.
specifying the name, description, and place of abode of any
[2,6 of 1990]
person whom he alleges to be the legal representative, as
defined in section 394 (2), of the deceased and whom he desires
to be made the defendant in the proposed action in place of the
deceased. Such application shall also specify the name,
description, and place of abode of the person or persons whom
the applicant alleges to be the other heir or heirs of the
deceased; or
(b) Where probate of the will or letters of administration to the
estate of the deceased has not been issued or its issue is likely to
be unduly delayed, specifying, the name, description, and place
of abode of any person whom he alleges to be the person to
 whom probate of the will or letters of administration to the estate
of the deceased would ordinarily be issued and whom he desires
to be made the defendant in the proposed action in place of the
deceased. Such application shall also specify the name,
description, and place of abode of the person or persons whom
the applicant alleged to be the heir or heirs of the deceased.

(2) Upon receipt of an application under paragraph (a) of subsection (1), and
the court where it is satisfied that there are grounds therefor, and, after the
issue of notice on the representative named in such application and such
other persons, if any, and after causing notice of such application, (in the form
No.2A in the First Schedule) to be advertised in a local newspaper to be
selected by the court, or by such other mode of advertisement in lieu of such
publication as to the court seems sufficient, and after such inquiry as the court
may consider necessary and upon such terms as it thinks fit, the court may
order that such representative or such other person as the court may consider
fit be appointed in place of the deceased, for the institution of such action:
Provided, that the person to be so appointed in place of the deceased may
object that he is not the legal representative of the deceased or that he should
not be appointed in place of the deceased.
(3) Upon receipt of an application under paragraph (b) of subsection (1), the
court may, where it is satisfied that probate of the will or letters of
administration to the estate of the deceased has not been issued or is likely to
be unduly delayed, and, after the issue of notice on the person alleged in such
application to be the person to whom probate of the will or letters of
administration to the estate of the deceased would ordinarily be issued and
such other persons, if any, causing notice of such application, (in the form No.
2A in the First Schedule) to be advertised in a local newspaper to be selected
by the court or by some other mode of advertisement in lieu of such
publication as to the court seems sufficient, and after such inquiry as the court
may consider necessary and upon such terms as it thinks fit, order that the
person, who appears to the court to be the person to whom probate of the will
or letters of administration to the estate of the deceased would ordinarily be
issued, be appointed in place of the deceased, for the institution of such
action:
Provided, that the person to be so appointed may object that he is not the
person to whom probate of the will or letters of administration to the estate of
the deceased would ordinarily be issued or that he should not be appointed in
place of the deceased.
(4) Notwithstanding the provisions of subsection (2) or subsection (3), the
court may make an order under any one of those subsections, only where-
(a) it is satisfied that the delay in the institution of the action would
render such action not maintainable by reason of the provisions
of the Prescription Ordinance; or
(b) a period of six months had lapsed after the death of the
deceased.

(5) Where after an order appointing a representative in place of the deceased

has been made under subsection (2) or subsection (3) and an action instituted
against such person in place of such deceased, an executor of the will, or an
administrator of the estate, as the case may be, of such deceased, is
appointed in proceedings instituted under Chapter XXXVIII of this Code, such
executor or administrator shall, on the application by way of summary
procedure, supported by affidavit, made by the plaintiff or any other party to
such action or by such executor or administrator, be substituted in place of the
person appointed under subsection (2) or subsection (3), and the action shall
thereupon proceed in the same manner as if such executor or administrator
had originally been made a defendant, and had been a party to the previous
proceedings in the action.

Who may be 15. The plaintiff may, at his option, join as parties to the same action all or any of the
joined as parties
persons severally, or jointly and severally, liable on any one contract, including parties to bills
defendant.
of exchange and promissory notes.
Where numerous 16. Where there are numerous parties having a common interest in bringing or defending an
parties, one may
action, one or more of such parties may, with the permission of the defend for all. court, sue
sure or defend for
or be sued, or may defend in such an action on behalf of all parties so interested.
all. Notice.
But the court shall in such case give, at the expense of the party applying so to sue or
defend, notice of the institution of the action to all such parties, either by personal service or
(if from the number of parties or any other cause such service is not reasonably practicable,
then) by public advertisement, as the court in each case may direct.
Misjoinder not to 17. No action shall be defeated by reason of the misjoinder or non-joinder of parties, and
defeat action.
the court may in every action deal with the matter in controversy so far as regards the rights
and interests of the parties actually before it.
Nothing in this Ordinance shall be deemed to enable plaintiffs to join in respect of distinct
causes of action.
If the consent of anyone who ought to be joined as a plaintiff cannot be obtained, he may be
made a defendant, the reasons therefor being stated in the plaint.
Parties improperly 18.
joined may be
Addition of (1) The court may on or before the hearing, upon the application of either
struck out.
parties. party, and on such terms as the court thinks just, order that the name of any
party, whether as plaintiff or as defendant improperly joined, be struck out;
and the court may at any time, either upon or without such application, and on
such terms as the court thinks just, order that any plaintiff be made a
defendant, or that any defendant be made a plaintiff, and that the name of any
person who ought to have been joined, whether as plaintiff or defendant, or
whose presence before the court may be necessary in order to enable the
court effectually and completely to adjudicate upon and settle all the questions
involved in that action, be added.
(2) Every order for such amendment or for alteration of parties shall state the
facts and reasons which together form the ground on which the order is made.
And in the case of a party being added, the added party or parties shall be
named, with the designation " added party ", in all pleadings or processes or
papers entitled in the action and made after the date of the order.

Intervention not 19. No person shall be allowed to intervene in a pending action otherwise than in pursuance
otherwise allowed.
of, and in conformity with, the provisions of the last preceding section. And no person shall be
added as plaintiff, or as the next friend of a plaintiff, without his own consent thereto;
Except in under Provided however that any person on cases whose behalf an action is instituted or under
section 16. section defended may apply to the 16. court to be made a party, and all parties whose
names are so added as defendants shall be served with a summons in manner hereinafter
mentioned, and the proceedings as against them shall be deemed to have begun only on the
service of such summons.
Conduct of the 20. The court may give the conduct of the action to such plaintiff as it deems action proper.
action.
Amendment of 21. Where a defendant is added, the plaint shall, unless the court direct otherwise, be
plaint.
amended in such manner as may be necessary, and a copy of the amended plaint shall be
served on the new defendant and on the original defendants.
Objections for 22. All objections for want of parties, or for joinder of parties who have no interest in the
non-joinder or
action, or for misjoinder as co- plaintiffs or co-defendants, shall be taken at the earliest
misjoinder to be
possible opportunity, and in all cases before the hearing. And any such objection not so
taken before
taken shall be deemed to have been waived by the defendant.
hearing.
Plaintiffs (or 23. When there are more plaintiffs than one, any one or more of them may be authorized by
defendants) may
any other of them to appear, plead, or act for such other in any proceeding under this
authorize one of
Ordinance; and in like manner, when there are more defendants than one, any one or more
them to act for
of them may be authorized by any other of them to appear, plead, or act for such other in any
them.
such proceeding. The authority shall be in writing signed by the party giving it, and shall be
filed in court.
 CHAPTER V
OF RECOGNIZED AGENTS AND ATTORNEYS-AT-LAW
Appearances may 24. Any appearance, application, or act in or to any court, required or authorized by law to
be by party in
be made or done by a party to an action or appeal in such court, except only such
person, his
appearances, applications, or acts as by any law for the time being in force only attorneys-at-
recognized agent,
law are authorized to make or do, and except when by any such law otherwise expressly
or attorney-at-law.
provided, may be made or done by the party in person, or by his recognized agent, or by an
attorney-at-law duly appointed by the party or such agent to act on behalf of such party :
Provided that any such appearance shall be made by the party in person, if the court so
directs. An attorney-at-law instructed by a registered attorney for this purpose, represents the
registered attorney in court.
Recognized 25. The recognized agents of parties by whom such appearances and applications may be
agents.
made or acts may be done are
(a) the Attorney-General, on behalf of the State in respect of any court; who is
also authorized to depute his power of appointing a registered attorney on
behalf of the State in respect to any court to any person by a written document
to be signed by the Attorney-General, and to be filed in that court;
(b) persons holding general powers of attorney from parties not resident within
the local limits of the jurisdiction of the court within which limits the appearance
or application is made or act done, authorizing them to make such
appearances and applications, and do such acts on behalf of such parties;
which power, or a copy thereof certified by an attorney-at-law or notary, shall
in each case be filed in the court;
[4,20 of 1977] (c) persons carrying on trade or business for and in the names of parties not
resident within the local limits of the jurisdiction of the court within which limits
the appearance or application is made or act done, in matters connected with
such trade or business only, where no other agent is expressly authorized to
make such appearances and applications and do such acts.

Processes served 26.

on the recognized
(1) Processes served on the recognized agent of a party to an action or
agent, effectual.
appeal shall be as effectual as if the same had been served on the party in
person, unless the court otherwise directs.
(2) The provisions of this Ordinance for the service of process on a party to an
action shall apply to the service of process on his recognized agent.

Appointment of 27.
registered
(1) The appointment of a registered attorney to make any appearance or
attorney.
application, or do any act as aforesaid, shall be in writing signed by the client,
and shall be filed in court; and every such appointment shall contain an
address at which service of any process which under the provisions of this
Chapter may be served on a registered attorney, instead of the party whom he
represents, may be made.
(2) When so filed, it shall be in force until revoked with the leave of the court
and after notice to the registered attorney by a writing signed by the client and
filed in court, or until the client dies, or until the registered attorney dies, is
removed, or suspended, or otherwise becomes incapable to act, or until all
proceedings in the action are ended and judgment satisfied so far as regards
the client.
(3) No counsel shall be required to present any document empowering him to
act. The Attorney-General may appoint a registered attorney to act specially in
any particular case or to act generally on behalf of the State.

Death or 28. If any such registered attorney as in the last preceding section is mentioned shall die, or
incapacity Of
be removed or suspended, or otherwise become incapable to act as aforesaid, at any time
registered
before judgment, no further proceeding shall be taken in the action against the party for
attorney.
whom he appeared until thirty days after notice to appoint another registered attorney has
been given to that party either personally or in such other manner as the court directs.
Service on 29. Any process served on the registered attorney of any party or left at the office or
registered
ordinary residence of such registered attorney, relative to an action or appeal, except where
attorney.
the same is for the personal appearance of the party, shall be presumed to be duly
communicated and made known to the party whom the registered attorney represents; and,
unless the court otherwise directs, shall be as effectual for all purposes in relation to the
action or appeal as if the same had been given to, or served on, the party in person.
Agent to accept 30. Besides the recognized agents described in section 25, any person residing within the
service.
jurisdiction of the court may be appointed an agent to accept service of process. Such
appointment may be special or general, and shall be made by an instrument in writing signed
by the principal, which shall contain an address at which such service may be made, and
which, or, if the appointment be general, a duly attested copy thereof, shall be filed in court.
No appointment under this section shall be of any force or effect for the purpose of enabling
or authorizing process to be served on an agent so appointed in any action to recover money
due upon the mortgage of immovable property.
Agent to accept 30A.
service in action
(1) The mortgagor of any immovable property may make application for the
upon mortgage of
registration of the address of any registered attorney or any person for the
immovable
service of process in any action upon the mortgage. The application shall be
property.
made substantially in the form No. 11A in the First Schedule.
[2,12 of 1973]
(2) The address for service shall be registered in or in continuation of the folio
in which is registered the mortgage of the immovable property.
(3) Where the applicant declares in his application that a previously registered
address is cancelled, the Registrar shall make a new entry in the register and
cancel the registration of the previous address.
(4) The fee for registration of the address for service or for a change of such
address shall be fifty cents, with an addition of ten cents for each folio after
the first in which the address is to be registered.

[Sections 31 and 32 repealed by Law No. 20 of 1977]

CHAPTER VI
OF THE SCOPE AND SUBJECT OF ACTION
Regular action 33. Every regular action shall, as far as Regular action, practicable, be so framed as to
how to be framed.
afford how to be ground for a final decision upon the subjects framed, in dispute, and so to
prevent further litigation concerning them,
Every action shall 34.
include whole
(1) Every action shall include the Every action whole of the claim which the
claim.
plaintiff is shall include entitled to make in respect of the cause of w _e c aim-
action; but a plaintiff may relinquish any portion of his claim in order to bring
the action within the jurisdiction of any court.
(2) If a plaintiff omits to sue in respect of, or intentionally relinquishes any
portion of, his claim, he shall not afterwards sue in respect of the portion so
omitted or relinquished. A person entitled to more than one remedy in respect
of the same cause of action may sue for all or any of his remedies; but if he
omits (except with the leave of the court obtained before the hearing) to sue
for any of such remedies, he shall not afterwards sue for the remedy so
omitted.
(3) For the purpose of this section, an obligation and a collateral security for its
performance shall be deemed to constitute but one cause of action.

Illustration
A lets a house to B at a yearly rent of Rs. 1000. The rent for the
whole of the two years 1886 and 1887 is due and unpaid. A sues
B only for the rent due for one of those years. A shall not
afterwards sue B for the rent due for the other year.
Joinder of claims 35.
in actions for
(1) In an action for the recovery of immovable property, or to obtain a
immovable
declaration of title to immovable property, no other claim, or any cause of
property.
action, shall be made unless with the leave of the court, except
(a) claims in respect of mesne profits or arrears of rent in respect
of the property claimed;
(b) damages for breach of any contract under which the property
or any part thereof is held; or consequential on the trespass which
constitutes the cause of action; and
(c) claims by a mortgagee to enforce any of his remedies under
the mortgage. Example. A sues B to recover land upon the
allegation that the land belongs to C, and that he. A, has bought it
of C. A makes C a party defendant; but he cannot, without leave
of the court, join with this claim an alternative claim for damages
against C for non-performance of his contract of sale.

In actions (2) No claim by or against an executor, administrator, or heir, as such, shall in

against any action be joined with claims by or against him personally unless the last-
executors, & mentioned claims are alleged to arise with reference to the estate in respect
c. of which the plaintiff or defendant sues or is sued as executor, administrator,
or heir, or are such as he was entitled to or liable for jointly with the deceased
person whom be represents.

In other cases. 36.

(1) Subject to the rules contained in the last section, the plaintiff may unite in
the same action several causes of action against the same defendant or the
same defendants jointly, and any plaintiffs having causes of action in which
they are jointly interested against the same defendant or defendants may unite
such causes of action in the same action.
Exception: But if it appears to the court that an such causes of action cannot be
court may conveniently tried or disposed of together, the court may, at any time before
order the hearing, of its own motion or on the application of any defendant, in both
separation. cases either in the presence of, or upon notice to, the plaintiff, or at any
subsequent stage of the action if the parties agree, order separate trials of
any such causes of action to be had, or make such other order as may be
necessary or expedient for the separate disposal thereof.
(2) When causes of action are united, the jurisdiction of the court as regards
the action shall depend on the amount or value of the aggregate subject-
matter at the date of instituting the action, whether or not an order has been
made under the second paragraph of subsection (1).

Application by 37. Any defendant alleging that the plaintiff has united in the same action several causes of
defendant in such
action, which cannot be conveniently disposed of in one action, may at any time before the
cases.
hearing apply to the court for an order confining the action to such of the causes of action as
may be conveniently disposed of in one action.
Order of court 38.
thereon.
(1) If, on the hearing of such application, it appears to the court that the
causes of action are such as cannot all be conveniently disposed of in one
action, the court may order any of such causes of action to be excluded, and
may direct the plaint to be amended accordingly, and may make such order
as to costs as may be just.
(2) Every amendment made under this section shall be attested by the
signature of the Judge.

CHAPTER VII
OF THE MODE OF INSTITUTION OF ACTION
Regular action to 39. Every action of regular procedure shall be instituted by presenting a duly stamped
commence by
written plaint to the court, or to such officer as the court shall appoint in that behalf. The plaint
plaint.
shall be accompanied by such number of summonses in Form No, 16 in the First Schedule
[6,20 of 1977]
as there are defendants, and a precept in Form" No. 17 of the said Schedule.
[3,79 of 1988]
Requisites of 40. The plaint shall be distinctly written upon good and suitable paper, and shall plaint
Plaint
contain the following particulars.
[7,20 of 1977]
(a) the name of the court and date of filing the plaint;
(b) the name, description, and place of residence of the plaintiff;
(c) the name, description, and the place of residence of the defendant so far
as the same can be ascertained;
(d) a plain and concise statement of the circumstances constituting each
cause of action, and where and when it arose. Such statement shall be set
forth in duly numbered paragraphs; and where two or more causes of action
are set out, the statement of the circumstances constituting each cause of
action must be separate, and numbered;
(e) a demand of the relief which the plaintiff claims; and
(f) if the plaintiff has allowed a set-off or relinquished a portion of his claim, the
amount so allowed or relinquished,

If the plaintiff seeks the recovery of money, the plaint must state the precise amount, so far
as the case admits. In an action for a specific chattel, or to establish, recover, or enforce any
right, status, or privilege, or for mesne profits, or for the amount which will be found due to
the plaintiff on taking unsettled accounts between him and the defendant, the plaint need only
state approximately the value of the chattel, right, status, or privilege, or the amount sued for.
Land sued for to 41. When the claim made in the action is for some specific portion of land, or for some
be described by
snare or interest in a specific portion of land, then the portion of land must be described in
metes and bounds
the plaint so far as possible by reference to physical metes and bounds, or by reference to a
or sketch.
sufficient sketch, map, or plan to be appended to the plaint, and not by name only.
Plaintiff suing in a 42. When the plaintiff sues in a representative character, the plaint should show, not only
representative
that he has an actual existing interest in the subject-matter, but that he has taken the steps
character must
necessary to enable him to institute an action concerning it.
show that the
character has
accrued to him.
Illustrations
(a) A sues as B's executor. The plaint must state that A has proved
B's will.
(b) A sues as C's administrator- The plaint must state that A has
taken out administration to C's estate.
Plaint must show 43. The plaint must show that the defendant is or claims to be interested in the subject-
defendant's
matter, and that he is liable to be called upon to answer the plaintiffs demand.
interest and
liability to be
sued.
Exemption from 44. If the cause of action arose beyond the period ordinarily allowed by any law for
bar from lapse of
instituting the action, the plaint must show the ground upon which exemption from such law is
time to be shown.
claimed.
Jurisdiction of 45. Every plaint shall contain a statement of facts setting out the jurisdiction of the court to
court to be
try arid determine the claim in respect of which the action is brought.
averred.
Subscription of 46.
plaint
(1) Every plaint presented by a registered attorney on behalf of a plaintiff shall
be subscribed by such registered attorney. In every other case in which a
plaint is presented, it shall be subscribed by the plaintiff; and his signature
shall be verified by the signature of some officer authorized by the court in that
behalf.
Court may (2) Before the plaint (whether presented by the plaintiff or by a registered
refuse to attorney in his behalf) is allowed to be filed, the court may, if in its discretion it
entertain shall think fit, refuse to entertain the same for any of the following reasons,
plaint. namely:
(a) if it does not state correctly, and without prolixity, the several
particulars hereinbefore required to be specified therein;
(b) if it contains any particulars other than those so required;
 (c) if it is not subscribed, or subscribed and verified, as the case
may be, as hereinbefore required;
(d) if it does not disclose a cause of action;
(e) if it is not framed in accordance with section 33;
(f) if it is wrongly framed by reason of non-joinder or misjoinder of
parties, or because the plaintiff has joined causes of action which
ought not to be joined in the same action;

and may return the same for amendment then and there, or within such time
as may be fixed by the court, upon such terms as to the payment of costs
occasioned by the amendment as the court thinks fit;
Provided that no amendment shall be allowed which would have the effect of
converting an action of one character into an action of another and
inconsistent character;
And may And provided further, that in each of the following cases, namely:-
reject. (g) Where the relief sought is undervalued, and the plaintiff, on
being required by the court to correct the valuation within a time
to be fixed by the court, fails to do so;
(h) Where the relief sought is properly valued, but the plaint is
written upon paper insufficiently stamped, and the plaintiff on
being required by the court to supply the requisite stamps within a
time to be fixed by the court fails to do so;
(i) When the action appears from the statement in the plaint to be
barred by any positive rule of law;
[4,79 of (j) When the plaint having been returned for amendment within a
1988]
time fixed by the court is not amended within such time,
[4,79 of (k) When the plaint is not accompanied by such number of
1988]
summonses as there are defendants,

the plaint shall be rejected; but such rejection shall not of its own force
preclude the plaintiff from presenting a fresh plaint in respect of the same
cause of action.

Where plaint 47. In every case where an action has been instituted in a court not having jurisdiction by
presented to
reason of the amount or value involved, or by reason of the conditions made necessary to the
wrong court.
institution of an action in any particular court by section 9 not being present, the plaint shall
be returned to be presented to the proper court.
Order on rejection 48. Every order returning or rejecting a plaint shall specify the date when the plaint was
of plaint.
presented and so returned or rejected, the name of the person by whom it was presented
and whether such person was plaintiff or registered attorney, and the fault or defect
constituting the ground of return or rejection; and every such order shall be in writing signed
by the Judge, and filed of record.
Memorandum of 49.
documents to be
(1) The plaintiff shall endorse on the plaint, or annex thereto, a memorandum
endorsed on
of the documents, if any, which he has produced along with it; and if the plaint
plaint.
is admitted, shall present as many copies on unstamped paper of the plaint as
[8,20 of 1977]
there are defendants, translated into the language of each defendant whose
language is not the language of the court; unless the court, by reason of the
length of the plaint or the number of the defendants or for any other sufficient
reason, permits him to present a like number of concise statements of the
nature of the claim made, or of the relief or remedy required in the action, in
which case he shall present such statements.
(2) If the plaintiff sues or the defendant or any of the defendants is sued in a
representative capacity, such statement shall show in what capacity such
plaintiff or defendant sues or is sued; and the plaintiff may by leave of the
court amend such statements so as to make them correspond with the plaint.
Such memorandum and copies or statements shall be examined by the
Registrar of the court and signed by him if he finds them correct.

Plaintiff to 50. If a plaintiff sues upon a document in his possession or power, he shall produce it in
produce with
court when the plaint is presented, and document sued shall at the same time deliver the
plaint document
document on or a copy thereof to be filed with the plaint.
sued on.
To annex list of 51. If he relies on any other documents (whether in his possession or power or not) as
other documents.
evidence in support of his claim, he shall enter such documents in a list to be added or
annexed to the plaint.
And to state 52. In the case of any such document not being in his possession or power, he shall, if
where document
possible, state in whose possession or power it is.
not in his
possession is.
Action on lost 53. In the case of any action founded upon a bill of exchange, promissory note, cheque, or
negotiable
any negotiable instrument, if it be proved that the instrument is lost, and if an indemnity be
instrument.
given by the plaintiff, to the satisfaction of the court, against the claims of any other person
upon such instrument, the court may make such decree as it would have made if the plaintiff
had produced the instrument in court when the plaint was presented, and had at the same
time delivered a copy of the instrument to be filed with the plaint.
Document not 54. A document which ought to be produced in court by the plaintiff when the plaint is
produced with
presented, or to be entered in the list to be added or annexed to the plaint, and which is not
plaint inadmissible
produced or entered accordingly, shall not, without the leave of the court, be received in
afterwards without
evidence on his behalf at the hearing of the action.
leave.
[9,20 of 1977]

CHAPTER VIII
OF THE ISSUE AND SERVICE OF SUMMONS
Summons. 55.
[10,20 of 1977]
(1) Upon the plaint being filed and the copies of concise statements required
[2,14 of 1997]
by section 49 presented, the court shall order summons in the form No. 16 in
the First Schedule to issue, signed by the Registrar of the court, requiring the
defendant to answer the plaint on or before a day to be specified in the
summons, such day, being a day not later than three months from the date of
the institution of the action in court.
(2)
(a) Every party to an action, not appearing by a registered
attorney, shall on or before the date specified in the summons
deliver to the Registrar a memorandum substantially in the form
No. 16A in the First Schedule setting out an address (hereinafter
referred to as the " registered address") for the service on him of
the notice under section 80 and any other legal document
required to be served on a party under the provisions of this
Ordinance unless otherwise provided. Every party shall with such
memorandum tender to the Registrar stamps to the value
required to cover cost of service of such notice by registered
post.
(b) Where a party appears by a registered attorney the address of
the registered attorney contained in his appointment shall be
deemed to be the registered address of such party; and such
registered attorney shall, on or before the date specified in the
summons, tender to the Registrar stamps to the value required to
cover cost of service by registered post, of the notice under
section 80.
(c) The dispatch by registered post to the registered address of a
party of the notice under section 80, and of any other legal
document required to be served on him shall be deemed to be
sufficient service.
(d) The Registrar shall keep and maintain a list of the registered
addresses furnished to him under this subsection, which list shall
be filed as part of the record of the case.
 [Sections 56,57 and 58 is repealed by Law No. 20 of 1977]

SERVICE
Service of 59.
summons to be by
(1) Summons shall ordinarily be served by registered post.
registered post.
(2)
[3,14 of 1997]
(a) In the case of a corporation, or incorporate body summons
may be delivered to the registered office or if there is no
registered office, the principal place of business of such
corporation or body.
(b) Where the defendant is a public officer the court may send
summons by registered post to the head of the department in
which the defendant is employed, and it shall be the duty of such
head of department to cause the summons to be served
personally on the defendant.
(c) Where the court is prima facie satisfied that the defendant is in
the employment of another person, the court may send the
summons to the employer at his place of business or, where the
employee is a company or corporation, to any secretary, manager
or other like officer of the company or corporation, and it shall be
the duty of such employer or officer, as the case may be, to
cause the summons to be served personally on the defendant.

(3) In every case in which the summons are sent by registered post to a
person other than the defendant, the court shall also forward a duplicate of
such summons, and it shall be the duty of the head of department, employer
or officer, as the case may be, to return such duplicate to the court forthwith
with an acknowledgment of the summons by the defendant or with a
statement of the service endorsed thereon and signed by the person effecting
the service and countersigned by the person to whom the summons had been
forwarded by court if he has not himself effected the service.
(4) Where a defendant appears in court in person on summons being served
on him in the manner referred to above, he shall produce his national identity
card or a valid passport, as the case may be, and it shall be the duty of the
Judge to satisfy himself that the person who has appeared before him and the
person on whom summons have been served in the manner aforesaid, is one
and the same person.
(5) Where a defendant is represented by a registered attorney, the attorney
shall in the proxy tendered on behalf of the defendant, state the number of the
identity card or the passport, as the case may be, of the defendant and shall
also make an endorsement thereon certifying the identity of such defendant,
where a proxy is tendered on behalf of a company or a body corporate it shall
be tendered under the seal of such company or the body corporate, as the
case may be.
(6) In this section -
"head of department" -
(a) when used with reference to a member of any unit of the Sri
Lanka Army, Navy or Air Force, means the Commanding Officer
of that unit;
(b) when used with reference to a person employed in a local
authority, if the local authority is a Municipal Council, means the
Municipal Commissioner of that Council; if the local authority is an
Urban Council or a Preadeshiya Sabha, means the Chairman of
that Council or Sabha;
(c) when used with reference to any other public officer means
the head of the department of Government in which such person
is employed; and
"national identity card" when used with reference to any person, means the
identity card issued to such person under the Registration of Persons Act, No.
 32 of 1968.

Personal service. 60.

[3,14 of 1997]
(1) The court shall, where it is reported that summons could not be effected by
registered post or where the summons having been served and the defendant
fails to appear, direct that such summons be served personally on the
defendant by delivering or tendering to him the said summons through the
Fiscal or the Grama Niladhari within whose division the defendant resides or in
any case where the plaintiff is a lending institution within the meaning of the
Debt Recovery (Special Provisions) Act, No. 2 of 1990, through the Fiscal or
other officer authorized by court, accompanied by a precept in form No. 17 of
the First Schedule. In the case of a corporation summons may be served
personally by delivering or tendering it to the secretary or like officer or a
director or the person in charge of the principal place of business of such
corporation.
(2) If the service referred to in the preceding provisions of this section cannot
by the exercise of due diligence be effected, the Fiscal or Grama Niladhari
shall affix the summons to some conspicuous part of the house in which the
defendant ordinarily resides or in the case of a corporation or unincorporated
body, to the usual place of business or office of such corporation or such body
and in every such case the summon shall be deemed to have been duly
served on the defendant.

Proof of service. 61. When a summons is served by registered post, the advice of delivery issued under the
[3,14 of 1997]
Inland Post Rules, and the endorsement of service, if any, and where the summons is served
in any other manner, and affidavit of such service shall be sufficient evidence of the service
of the summons and of the date of such service, and shall be admissible in evidence and the
statements contained therein shall be deemed to be correct unless and until the contrary is
proved.
Substituted 62. Whenever service is substituted by order of the court, the court shall fix a day, not being
service.
a day later than three months from the day on which the defendant was earlier required to
[12,20 of 1977]
answer the plaint, on or before which the defendant shall file his answer and comply with the
[4,14 of 1997]
other requirements of section 55.
When more 63. When there are more defendants when more than one, service of the summons shall be
defendants than
defendants made on each defendant.
one, service on
each.
Agents to accept 64. When a defendant has an appointed under section 30 empowered to accept service,
service; partners
service of summons on such agent shall be sufficient. And in the case of an action against
and manager.
partners relative to a partnership transaction, or to an actionable wrong in respect of which
relief is claimable from the partners, as a firm, each partner is an agent so empowered of
each other partner, as is also the person (if any) not being a partner, who has the
management of the business of the partnership at the principal place of such business within
the local limits of the court's ordinary jurisdiction.
Nothing in the preceding provisions of this section shall be deemed to authorize summons in
an action to recover moneys due on a mortgage of immovable property to be served on any
agent appointed under section 30.
Service on agent 64A. Where the mortgagor has registered the address of an agent under section 30A,
in mortgage
service of summons may be made on such agent and shall be sufficient.
action.
When defendant 65. In an action relating to any business or work against a person who does not reside
out of jurisdiction
within the local limits of the jurisdiction of the court from which the summons issued, service
has manager
on any manager or agent who at the time of the service personally carries on such business
within it.
or work for such person within such limits shall be deemed good service; and for the purpose
of this section the master of a ship is the agent of his owner or charterer.
Service on agent 66. In an action to obtain relief respecting or compensation for wrong to immovable
in charge of
property, if the service cannot be made on the defendant in person, and the defendant has
immovable
no agent empowered to accept service, it may be made on any agent of the defendant in
property.
charge of the property.
Misdescription not 67. No misnomer or misdescription of any person or place in any such summons, order, or
to vitiate
process shall vitiate the same, provided that the person or place be therein described as he
summons, & c.
or it is commonly known, and provided that such misnomer or misdescription be not such as
to mislead the party served therewith.
Service on 68. If the defendant be in jail, the summons shall be delivered by the Fiscal to the officer in
defendant in jail.
charge of the jail in which the defendant is confined, and such officer shall cause the
summons to be served upon the defendant.
The summons shall be returned through the Fiscal to the court from which it is issued, with a
statement of the service endorsed thereon, and signed by the officer in charge of the jail.
Service out of Sri 69. Service of a summons out of Sri Lanka may be allowed by the court in all cases in which
Lanka. Application
the court has jurisdiction. Every application for an order for leave to serve such summons on
for, how made.
a defendant out of Sri Lanka shall be by motion and shall be supported by evidence (by
affidavit or otherwise) showing in what place or country such defendant is or may probably be
found, and the grounds on which the application is made.
Order granting 70. Every order granting leave to effect service of summons out of Sri Lanka shall direct the
leave for service
mode by which such service shall be effected, and also direct that the defendant shall on or
of summons out
before the date specified in the summons, such date being a date not later than six months
of Sri Lanka.
from the date of the order for service outside Sri Lanka, file his answer and comply with the
[6,79 of 1988]
other requirements of section 55.
Form of 71. A summons under sections 69 and 70 shall be in the form No. 18 in the First Schedule.
summons.

CHAPTER IX
[§14,20 of
OF FILING ANSWER
1977]
Judgment against 72. If the defendant admits the claim of the plaintiff, the court shall give judgment against the
defendant if he
defendant according to the admission so made. Such admission shall be in writing, signed by
admits claim of
the defendant and his signature attested by an attorney-at-law.
the plaintiff.
[15,20 of 1977]
Answer to be in 73. If the defendant does not admit the plaintiffs claim, he shall himself, or his registered
writing.
attorney shall on his behalf, deliver to the court a duly stamped written answer.
[15,20 of 1977]
[Section 74 is repealed by Law No. 20 of 1977]
Requisites of 75. Every such answer shall be distinctly written upon good and suitable paper, shall be duly
answer.
stamped, shall be subscribed by the defendant or his duly 1977] constituted representative
[17,20 of 1977]
as in the case of a plaint is provided for the plaintiffs subscription, or if he is represented by a
registered attorney, by such registered attorney, and shall contain the following particulars:-
(a) the name of the court, the number of the case, and the date of filing the
answer;
(b) the name of the plaintiff;
(c) the name, description, and residence of the defendant;
(d) a statement admitting or denying the several averments of the plaint, and
setting out in detail plainly and concisely the matters of fact and law, and the
circumstances of the case upon which the defendant means to rely for his
defence; this statement shall be drawn in duly numbered paragraphs, referring
by number, where necessary, to the paragraphs of the plaint;
(e) when the defendant sets up a claim in reconvention the answer must
contain a plain and concise statement of the facts constituting the ground of
such claim which the defendant makes in reconvention. A claim in
reconvention duly set up in the answer shall have the same effect as a plaint
in a cross action so as to enable the court to pronounce a final judgment in the
same action both on the original and on the cross claim; but it shall not affect
the lien upon the amount decreed of any registered attorney in respect of the
costs payable to him under the decree.
Jurisdiction of 76. If the defendant intends to dispute the averment in the plaint as to the jurisdiction of the
court to be
court, he must do so by a separate and distinct plea, expressly traversing such averment.
specially
traversed.
Rejection and 77. If any answer is substantially defective in any of the particulars hereinbefore defined, or
amendment of
is argumentative or prolix, or contains matter irrelevant to the action, the court may, by an
answer.
order to be endorsed thereon, reject the same or return it to the party by whom it was made,
[7,79 of 1988]
for amendment within a period not exceeding one month from the date on which the answer
was so returned, and the court may impose such terms as to costs or otherwise as it thinks
fit.
If the answer is rejected or left unamended as ordered, the defendant shall be regarded as
having failed to file answer.
The order so endorsed shall specify the ground of the rejection.
Copy of answer to 78. A copy of the answer shall be served on the plaintiff, or each of the plaintiffs, if more
be delivered to
than one, or his or their registered attorney.
plaintiff or his
registered
attorney.
[18,20 of 1977]

CHAPTER X
OF THE REPLICATION AND FURTHER PLEADINGS
When replication 79. Except in the case of a claim by a defendant in reconvention, no pleading after answer
may be allowed.
shall be tiled except by order of court on special motion to be made after due notice to the
[19,20 of 1977]
other side, and before the day appointed for the hearing of the action, upon such terms as to
costs and the postponement of the hearing of the action as the court shall think fit. Such
order shall not be made (except in the case of a claim in reconvention on the part of the
defendant) unless the court is satisfied on such motion that the real issues between the
parties cannot be conveniently raised without such further pleading. All pleadings after
answer shall be subject to the rules prescribed by section 75 relative to the form and
substance of the answer, so far as the same can be made applicable, and copies of such
pleadings shall be served on the opposite party or his registered attorney.

CHAPTER XI
OF FIXING DAY OF TRIAL
Day of trial. 80. On the date fixed for the filing of the answer of the defendant or where replication is
[8,79 of 1988]
permitted, on the date fixed for the filing of such replication, and whether the same is filed or
not, the court shall appoint a date for the trial of the action, and shall give notice thereof, in
writing by registered post to all parties who have furnished a registered address and
tendered the cost of service of such notice, as provided by subsection (2) of section 55.
A reasonable 81. The court shall, in fixing the day of hearing, be careful not to appoint more cases for one
number of cases
day than there is a probability of the court getting through on that day.
to be fixed for
each day.
Postponement. 82. When any case is in its turn called on for hearing upon the day appointed there for, the
court may, for sufficient cause to be specified in its written order, direct that the hearing be
postponed to a day which shall be fixed in the order, upon such terms as to costs or
otherwise as the court shall think fit;
Provided that the court may in its discretion take and deal with a case out of its order in the
cause list on any day for good reason to be adjudicated upon and recorded by the court
before entering upon the case.
Un disposed of 83.
cases to be
(1) The cases in any day's cause list not disposed of on that day, by reason of
placed at the head
want of time, will be placed at the head of the next court-day's cause list,
of the roll.
unless the Judge directs otherwise.
[21,20 of 1977] (2) As soon as the cause list for any day is prepared, legibly-written copies of
it in the language of the court and the language or languages of the parties
 shall be placed in some fit and conspicuous place outside the court-house, so
that the suitors and all others interested may be enabled readily to be
informed of the contents of the same.

CHAPTER XII
[§ 22,20 of OF THE CONSEQUENCES AND CURE (WHEN PERMISSIBLE)
1977] OF DEFAULT IN PLEADING OR APPEARING
Default of 84. If the defendant fails to file his answer on or before the day fixed for the filing of the
defendant.
answer, or on or before the day fixed for the subsequent filing of the answer or having filed
[23,20 of 1977]
his answer, if he fails to appear on the day fixed (or the hearing of the action, and if the court
is satisfied that the defendant has been duly served with summons, or has received due
notice of the day fixed for the subsequent filing of the answer, or of the day fixed for the
hearing of the action, as the case may be, and if, on the occasion of such default of the
defendant, the plaintiff appears, then the court shall proceed to hear the case ex pane
forthwith, or on such other day as the court may fix.
Procedure in ex 85.
parte trial.
(1) The plaintiff may place evidence before the court in support of his claim by
[23,20 of 1977]
affidavit, or by oral testimony and move for judgment, and the court, if 1977]
satisfied that the plaintiff is entitled to the relief claimed by him, either in its
entirety or subject to modification, may enter such judgment in favour of the
plaintiff as to it shall seem proper, and enter decree accordingly.
(2) Where the court is of opinion that the entirety of the relief claimed by the
plaintiff cannot be granted, the court shall hear the plaintiff before modifying
the relief claimed.
(3) Where there are several defendants of whom one or more file answer and
another or others of whom fail to file answer, the plaintiff may move for
judgment against such of the defendants as may be in default without
prejudice to his right to proceed with the action against such of the defendants
as may have filed answer. The provisions of this subsection shall apply
notwithstanding that the defendants are jointly liable upon a bill of exchange,
promissory note or cheque.
(4) The court shall cause a copy of the decree entered under this section to be
served on the defendant in the manner prescribed for the service of
summons. Such copy of the decree shall bear an endorsement that any
application to set aside the decree under subsection (2) of section 86 shall be
made to court within fourteen days of such service.

If defendant 86.
excuses his
(2) Where, within fourteen days of the service of the decree entered against
default, any order
him for default, the defendant with notice to the plaintiff makes application to
or judgment to be
and thereafter satisfies court, that he had reasonable grounds for such
set aside.
default, the court shall set aside the judgment and decree and permit the
[23,20 of 1977]
defendant to proceed with his defence as from the stage of default upon such
terms as to costs or otherwise as to the court shall appear proper.
[3,53 of 1980] (2A) At any time prior to the entering of judgment against a defendant for
default, the court may, if the plaintiff consents, but not otherwise, set aside any
order made on the basis of the default of the defendant and permit him to
proceed with his defence as from the stage of default upon such terms as to
costs or otherwise as to the court shall appear fit.
(3) Every application under this section shall be made by petition supported by
affidavit.

Non-appearance 87.
of Plaintiff.
(1) Where the plaintiff or where both the plaintiff and the defendant make trial,
[23,20 of 1977]
the court shall dismiss the plaintiffs action.
(2) Where an action has been dismissed under this section, the plaintiff shall
be precluded from bringing a fresh action in respect of the same cause of
action.
 (3) The plaintiff may apply within a reasonable time from the date of dismissal,
by way of petition supported by affidavit, to have the dismissal set aside, and
if on the hearing of such application, of which the defendant shall be given
notice, the court is satisfied that there were reasonable grounds for the non-
appearance of the plaintiff, the court shall make order setting aside the
dismissal upon such terms as to costs or otherwise as it thinks fit, and shall
appoint a day for proceeding with the action as from the stage at which the
dismissal for default was made.

No appeal against 88.

Judgment for
(1) No appeal shall lie against any judgment entered upon default.
default but order
(2) The order setting aside or refusing to set aside the judgment entered upon
setting aside or
default shall be accompanied by a judgment adjudicating upon the facts and
refusing to set
specifying the grounds upon which it is made, and shall be liable to an appeal
aside judgment
to the Court of Appeal.
appealable.
[4,53 of 1980] (3) The provisions of sections 761 and 763 shall, mutatis mutandis, apply to
[23,20 of 1977]
and in relation to the execution of a decree entered upon default, where an
order refusing to set aside such decree has been made.

Where two or 89. In the case of an action against two or more defendants alleged to be severally liable,
more defendants
where a summons is served upon any of them, the plaintiff may proceed against the person
severally liable.
or persons served as if no other defendant were named in the summons. Where it is served
upon all of them, the plaintiff may take judgment against one or more of them, where he
would be entitled to judgment if the action was against him or them alone. Where judgment is
so taken the plaintiff may proceed in the same action against the other defendants.
One of many 90. In the case of an action where there are more defendants than one, the court shall not
defendants
be obliged to pass a decree for default against a defendant for failing to appear at a stage of
appearing, no
the action, provided that one defendant at least appears at that stage against whom the
decree for default
action must proceed,
need be passed
against others.

CHAPTER XIII
OF MOTIONS
Motions. 91. Every application made to the court in the course of an action, incidental thereto, and
[23,20 of 1977]
not a step in the regular procedure, shall be made by motion by the applicant in person or his
counsel or registered attorney, and a memorandum in writing of such motion shall be at the
same time delivered to the court.
Postponements, 91A.
adjournments and
(1) Where a day is fixed or time appointed for doing any act or taking any
extensions of
proceeding by a party to the action, the court may, from time to time, upon the
time.
motion of such party and, if sufficient cause is shown, fix another day or
[25,20 of 1977]
enlarge or abridge the time appointed, upon such terms, if any, as to it may
seem proper.
(2) The day may be refixed or the time enlarged although the application for
the same is not made until after the expiration of the day or time fixed or
appointed.
(3) The court may, for sufficient cause, either on the application of the parties
or of its own motion, advance, postpone or adjourn the trial to any other date
upon such terms as to costs or otherwise as to it shall seem proper.
(4) Where a date is fixed on or before which an act has to be done by a party
to the action or a return has to be made to a commission issued by the court,
the case shall be called in open court on such date for the purpose of making
an appropriate order in connection therewith or relating thereto.

CHAPTER XIV
OF THE JOURNAL
Journal. 92. With the institution of the action the court shall commence a journal entitled as of the
action, in which shall be minuted, as they occur, all the events in the course of the action, i.e.,
the original application, and every subsequent step, proceeding, and order; each minute shall
be signed and dated by the Judge, and the journal so kept shall be the principal record of the
action.

CHAPTER XV
OF AMENDMENT
Amendments of 93.
pleadings.
(1) Upon application made to it before the day first fixed for trial of the action,
[9,79 of 1988]
in the presence of, or after reasonable notice to all the parties to the action,
[3,9 of 1991]
the Court shall have full power of amending in its discretion, all pleadings in
the action, by way of addition, or alteration, or of omission.
(2) On or after the day first fixed for the trial of the action and before final
judgement, no application for the amendment of any pleadings shall be
allowed unless the Court is satisfied, for reasons to be recorded by the Court,
that grave and irremediable injustice will be caused if such amendment is not
permitted, and on no other ground, and that the party so applying has not
been guilty of laches.
(3) Any application for amendment of pleadings which may be allowed by the
Court under subsection (1) or (2) shall be upon such terms as to costs and
postponement or otherwise as the Court may think fit.
(4) The additions or alterations or omissions shall be clearly made on the face
of the pleading affected by the Order ;or if this cannot conveniently be done, a
fair copy of the pleading as altered shall, be appended in the record of the
action to the pleading amended. Every such addition or alteration or omission
shall be signed by the Judge.

CHAPTER XVI
OF DISCOVERY, INSPECTION, PRODUCTION, IMPOUNDING,
AND RETURN OF DOCUMENTS
Interrogatories. 94.
(1) Any party may at any time before hearing, by leave of the court to be
obtained on motion ex parte, deliver through the court interrogatories in writing
for the examination of the opposite party, or, where there are more opposite
parties than one, any one or more of such parties, with a note at the foot
thereof stating which of such interrogatories each of such persons is required
to answer:
Provided that no party shall deliver more than one set of interrogatories to the
same person without the permission of the court, and that no defendant shall
deliver interrogatories for the examination of the plaintiff unless such
defendant has previously tendered his answer, and such answer has been
received and placed on the record.
(2) For the purposes of this Chapter, " opposite party ", means a party
between whom and the party interrogating an issue has been raised.

Service of 95. Interrogatories delivered under the last section shall be served on the registered attorney
interrogatories.
(if any) of the party interrogated, or in the manner hereinbefore provided for the service of
summons, and the provisions herein contained with regard to service of summons shall, in
the latter case, apply, so far as may be practicable.
Cost of 96. The court, in adjusting the costs of the action, shall at the instance of any party, inquire,
unreasonable
or cause inquiry to be made, into the propriety of delivering such interrogatories; and if it
interrogatories to
thinks that such interrogatories have been delivered unreasonably, exatiously, or at improper
be borne by party
length, the costs occasioned by the said interrogatories, and the answers thereto, shall be
in fault.
borne by the party in fault.
Interrogatories to 97. If any party to an action is a body corporate or a company, whether incorporated or not,
company, & c.
or any other body of persons empowered by law to sue or be sued, whether in its own name
or in the name of any officer or other person, any opposite party may apply to the court for an
order allowing him to deliver interrogatories to any member or officer of such corporation,
company, or body, and an order may be made accordingly.
When party may 98. Any party called upon to answer interrogatories, whether by himself or by any such
refuse to answer.
member or officer, may refuse to answer any interrogatory on the ground that it is scandalous
or irrelevant, or is not put bona fide for the purposes of the action, or that the answer will tend
to criminate himself, or that the matter inquired after is not sufficiently material at that stage
of the action, or on any other like ground.
To be answered 99. Interrogatories shall be answered by affidavit to be filed in court within ten days from the
by affidavit.
service thereof, or within such further time as the court may allow.
Application for 100. If any person interrogated omits or refuses to answer or answers insufficiently any
further answer.
interrogatory, the party interrogating may apply to the court for an order requiring him to
answer or to answer further, as the case may be. And an order may be made requiring him to
answer or to answer further, either by an affidavit or by viva voce examination, as the court
may direct:
Provided that the court shall not require an answer to an interrogatory which in its opinion
need not have been answered under section 98.
Notice to admit 101.
genuineness of
(1) Either party may, by a notice issued by order of court, to be obtained on
Documents
motion ex parte within a reasonable time not less than ten days before the
hearing, require the other party to admit (saving ail just exceptions to the
admissibility of such document in evidence) the genuineness of any document
material to the action.
(2) The admission shall also be made in writing, signed by the other party or
his registered attorney, and filed in court.
(3) If such notice be not given, no costs of proving such document shall be
allowed, unless the court otherwise orders.
(4) If such notice is not complied with within four days after its being served,
and the court thinks it reasonable that the admission should have been made,
the party refusing shall bear the expense of proving such document, whatever
may be the result of the action.

Order for 102.

discovery of
(1) The court may, at any time during the pendency therein of any action,
documents.
order any party to the action to declare by affidavit all the documents which
are or have been in his possession or power relating to any matter in question
in the action, and any party to the action may, at any time before the hearing,
apply to the court for a like order.
(2) Every affidavit made under this section shall specify which, if any, of the
documents therein mentioned the declarant objects to produce, together with
the grounds of such objection.

Order for order 103. The court may, at any time during the pendency therein of any action, the production
production of
by any party thereto or such of the documents in his possession or power relating to any
documents.
matter in question in such action or proceeding as the court thinks right; and the court may
deal with such documents when produced in such manner as appears just.
State required to 103A .
make discovery or
(1) In any action to which the State is a party, the State may also be required
give inspection of
to make discovery or give inspection of documents.
documents under
(2) The provisions of subsection (1) shall not prejudice the right of the State to
certain
withhold any document on the ground that in the opinion of the Minister in
circumstances.
charge of the subject to which the document relates, the public interest would
[26,20 of 1977]
suffer by such disclosure.

Notice to produce 104.

documents for
(1) Any party to an action may, at any time before or at the hearing thereof, by
inspection.
 motion ex parte, obtain an order of court for notice to issue to any other party
in whose pleadings or affidavits reference is made to any document, to
produce such document for the inspection of the party giving such notice, or of
his registered attorney, and to permit such party or registered attorney to take
copies thereof.
(2) No party failing to comply with such notice shall afterwards be at liberty to
put any such document in evidence on his behalf in such action, unless he
satisfies the court that such document relates only to his own title, or that he
had some other and sufficient cause for not complying with such notice.

Time and place of 105 . The party to whom such notice is given shall, within ten days from the receipt thereof,
such production to
deliver through the court to the party giving the same a notice stating a time within three days
be specified by
from such delivery at which the documents, or such of them as he does not object to
party receiving
produce, may be inspected at his registered attorney's office or some other convenient place,
notice.
and stating which, if any, of the documents he objects to produce, and on what grounds.
Otherwise, order 106 . If any party served with notice under section 104 omits to give notice under section
for inspection to
105 of the time for inspection, or objects to give inspection, or names an inconvenient place
be made by court.
for inspection, the party desiring it may apply to the court for an order of inspection.
Application for 107. Except In the case of documents referred to in any pleading or affidavit of the party
order to be
against whom the application is made, or disclosed in his affidavit of documents, such
supported by
application shall be founded upon an affidavit showing-
affidavit.
(a) of what documents inspection is sought,
(b) that the party applying is entitled to inspect them, and
(c) that they are in the possession or power of the party against whom the
application is made.

Court may reserve 108 . If the party from whom discovery of any kind or inspection is sought objects to the
question as to
same or any part thereof, and if the court is satisfied that the right of such discovery or
discovery or
inspection depends on the determination of any issue or question in dispute in the action, or
inspection.
that for any other reason it is desirable that any such issue or question should be determined
before deciding upon the right to the discovery or inspection, the court may order that the
issue or question be determined first, and reserve the question as to the discovery or
inspection.
Consequence of 109 .
not complying with
(1) If any party fails to comply with any order under this Chapter to answer
order under this
interrogatories, or for discovery, production, or inspection, which has been
Chapter.
duly served, he shall, if a plaintiff, be liable to have his action dismissed for
want of prosecution, and if a defendant, to have his defence, if any, struck out,
and to be placed in the same position as if he had not appeared and
answered. And the party interrogating or seeking discovery, production, or
inspection may apply to the court for an order to this effect, and the court may
make such order accordingly.
(2) Any party failing to comply with any order under this Chapter to answer
interrogatories, or for discovery, production, or inspection which has been
served personally upon him, shall also be deemed guilty of the offence of
contempt of court.

Court may inspect 110 .

records of other
(1) The court may of its own accord, or in its discretion upon the application of
courts.
any of the parties to an action, send for, either from its own records or from
any other court, the record of any 'other action or proceeding, and inspect the
same.
(2) Every application made under this section shall (unless the court otherwise
directs) be supported by an affidavit of the applicant or his registered attorney,
showing how the record is material to the action in which the application is
made, and that the applicant cannot, without unreasonable delay or expense,
obtain a duly authenticated copy of the record or of such portion thereof as the
applicant requires, or that the production of- the original is necessary for the
purposes of justice.
 (3) Nothing in this section shall be deemed to enable the court to use in
evidence any document which by the law of evidence in force in Sri Lanka
would be inadmissible in the action.

Parties to he 111. The parties or their registered attorneys shall bring with them and have in readiness at
ready with all
the hearing of the action, to be produced when called for by the court, all the documentary
documents at trial.
evidence of every description in their possession or power, on which they intend to rely, and
which has not already been filed in court, and all documents which the court at any time
before such hearing has ordered to be produced.
Document called 112 . No documentary evidence in the possession or power of any party which should have
for and not
been, but has not been, produced in accordance with the requirements of section 111, shall
produced shall not
be received at any subsequent stage of the proceedings, unless good cause be shown to the
be received
satisfaction of the court for the non- production thereof. And the court on receiving any such
afterwards.
evidence shall record its reason for so doing.
Documents to be 113 .
received by court.
(1) The court shall receive the documents respectively produced by the parties
at the hearing, provided that the documents produced by each party be
accompanied by an accurate list thereof. Rejection of irrelevant or
inadmissible documents.
(2) The court may at any stage of the action reject any document which it
considers irrelevant or otherwise inadmissible, recording the grounds of such
rejection.

No documents to 114.
be placed on
(1) No document shall be placed on the record unless it has been proved or
record unless
admitted in accordance with the law of evidence for the time being in force.
proved.
Proved (2) Every document so proved or admitted shall be endorsed with some
documents to number or letter sufficient to identity it. The Judge shall then make an entry on
be marked the record to the effect that such document was proved against or admitted by
and filed. (as the case may be) the person against whom it is used, and shall in such
entry refer to such document by such number or letter in such a way as to
identify it with the document so proved or admitted. The document shall then
be filed as part of the record.
Documents
which are not
(3) All documents produced at the hearing and not so proved or admitted shall
proved to be
be returned to the parties respectively producing them.
returned to
parties.

Court may order 115 . Notwithstanding anything contained in section 114, the court may, if it sees sufficient
any document to
cause, direct any document or book produced before it in any action to be impounded and
be impounded.
kept in the custody of an officer of the court for such period and subject to such conditions as
the court thinks fit.
When document 116 .
admitted in
(1) When an action has been disposed of, or when the time for preferring an
evidence may be
appeal from the decree has elapsed, or if an appeal has been preferred, then
returned.
after the appeal has been disposed of, any person, whether a party to the
action or not, desirous of receiving back any document produced by him in the
action, and placed on the record, shall, unless the document is impounded
under section 115, be entitled to receive back the same:
Provided that a document may be returned at any time if the person applying
for such return deliver to the proper officer a certified copy of such document
to be substituted for the original;
Certain
And provided further, that no document shall be returned which by force of the
documents not
decree has become void or useless.
to be returned.
Receipt for (2) On the return of a document which has been admitted in evidence, a
returned receipt shall be given by the party receiving it, in a receipt book to be kept for
 documents. the purpose.

Provisions as to 117 . The provisions herein contained as to documents shall, so far as may be, apply to all
documents apply
other material objects producible as evidence.
to other material
objects.

TRANSLATIONS OF DOCUMENTS
Translations of 118. No translation of any document tendered in evidence in any court shall be permitted to
documents.
be read as a translation of such document, unless the same shall be signed by an interpreter
of the Supreme Court, or the Court of Appeal, or by a Government sworn translator, or by a
sworn translator or interpreter of some District Court, Family Court or Primary Court.
Who shall be 119. No person other than an interpreter of the Supreme Court, or the Court of Appeal, or a
deemed a
Government sworn translator, or an interpreter of a District Court, or Family Court or Primary
translator.
Court, shall be deemed to be a translator of any court unless he shall have received a
certificate from the Judge of such court that he is competent to fulfill the duties of a translator,
and shall have taken an oath before such Judge faithfully to perform the duties of his office.
Fees of 120. No such translator as aforesaid shall be entitled to have or recover in respect of fees
translators.
for any translation any sum of money in excess of the following rates, namely:-
[27,20 of 1977] For every folio of 120 words .. Rs. 1.25.
For every fractional part of a folio .. Rs. 1.25.

CHAPTER XVII
[§28,20 of
OF WITNESSES AND DOCUMENTS
1977]
Summonses to 121.
witnesses.
(1) The parties may, after the summons has been delivered for service on the
defendant, obtain, on application to the court or to such officer as the court
appoints in that behalf, before the day fixed for the hearing, summonses to
persons whose attendance is required either to give evidence or to produce
documents.
Lists of (2) Every party to an action shall, not less than fifteen days before the date
witnesses and fixed or the trial of an action, tile or cause to be filed in court after notice to the
documents. opposite party-
[29,20 of 1977] (a) a list of witnesses to be called by such party at the trial, and
(b) a list of the documents relied upon by such party and to be
produced at the trial,

Payment of 122. The party applying for a summons shall, before the summons is granted, and within a
witness's
period to be fixed by the court, pay into court, or give security for payment of, such a sum of
expenses.
money as appears to the court to be sufficient to defray the traveling and other expenses of
the person summoned, in passing to and from the court in which he is required to attend, and
for one day's attendance:
Provided that in the case of a witness residing within four miles of the court at which his
attendance is required, no such payment shall be made nor security given;
And provided further that the making of any such payment and the giving of any such
security shall in no case be a condition precedent to the issue of a summons, but in every
case (except the case of a witness residing within four miles from the court) where summons
issues without such payment having been made or security given, the witness shall be
informed on the face of the summons that such is the case, and that it is not obligatory on
him to attend.
Witness's 123. The sum so paid into court, or so secured, shall at least be paid or tendered to the
expenses to be
person summoned at the time when he is called on to give his evidence, if he demands the
paid before he
same.
gives evidence.
Court may order a 124 . If it appears to the court or to such officer as it appoints in this behalf that the sum paid
sufficient sum to
into court is not sufficient to cover such expenses, the court may direct such further sum to be
be paid.
paid to the person summoned as appears to be necessary on that account; and in case of
default in payment, may, by writ issued to the Fiscal, order such sum to be levied by
sequestration and sale of the movable property of the party obtaining the summons as is
hereinafter provided; or the court may discharge the person summoned without requiring him
to give evidence ; or may both order such levy and discharge such person as aforesaid.
Expenses of 125. If it is necessary to detain the person summoned for a longer period than one day, the
detention.
court may from time to time order the party at whose instance he was summoned to pay into
court such sum as is sufficient to defray the expenses of his detention for such further period;
and in default of such deposit being made, may, by writ issued to the Fiscal, order such sum
to be levied by sequestration and sale of the movable property of the party at whose instance
he was summoned; or the court may discharge the person summoned without requiring him
to give evidence; or may both order such levy and discharge such person as aforesaid.
Summons to 126.
specify time,
(1) Every summons for the attendance of a person to give evidence or
place, and
produce a document shall specify the time and place at which he is required to
purpose of
attend and also whether his attendance is required for the purpose of giving
attendance.
evidence or to produce a document, or for both purposes; and any particular
document which the person summoned is called on to produce shall be
described in the summons with reasonable accuracy.
(2) If money has been deposited or security given for his expenses under the
provisions of section 122, the summons shall contain a statement to that
effect.

Summons to 127. Any person may be summoned to produce a document without being summoned to
produce
give evidence; and any person summoned merely to produce a document shall be deemed
document.
to have complied with the summons if he cause such document to be produced, instead of
attending personally to produce the same.
Person in court 128. Any person present in court may be required by the court to give evidence, or to
may be required
produce any document then and there in his actual possession or power.
to produce a
document.
Service of 129. Every summons to a person to give evidence or produce a document shall be served
summons.
as nearly as may be in the manner hereinbefore prescribed for the service of summons on
the defendant; and the rules contained in this Ordinance as to proof of service of summons
on the defendant shall apply in case of all summonses served under this section.
Service must 130. The service shall in all cases be made a sufficient time before the time specified in the
afford reasonable
summons for the attendance of the person summoned, to allow him a reasonable time for
time for
preparation and for traveling to the place at which his attendance is required.
attendance.
Procedure to be 131 .
followed when
(1) If the Fiscal returns to the court that the summons for the attendance of a
summons cannot
person, either to give evidence or to produce a document, cannot be served,
be served.
the court may take evidence touching the non-service.
And upon being satisfied that such evidence or production is material, and
that the person for whose attendance the summons has been issued is
absconding, or keeping out of the way for the purpose of avoiding the service
of summons, the court may in its discretion either issue a warrant for the
apprehension of such witness or may issue a proclamation requiring him to
attend to give evidence, or produce the document, at a time and place to be
named therein; and a copy of such proclamation shall be affixed on the outer
door of the house in which he ordinarily resides.
Proclaimed (2) If he does not attend at the time and place named in such proclamation,
Witness how the court may in its discretion, at the instance of the party on whose
dealt with. application the summons was issued make an order for the sequestration of
the property of the person whose attendance is required, to such amount as
the court thinks fit, not exceeding the amount of the costs of sequestration and
of the fine which may be imposed under section 133.
If witness appears 132 . If, on the sequestration of his 'property, such person appears and satisfies the court
sequestration may
that he did not abscond or keep out of the way to avoid service of the summons, and that he
be withdrawn.
had not notice of the proclamation in time to attend at the time and place named therein, the
court shall direct that the property be released from sequestration, and shall make such order
as to the costs of the sequestration as it thinks fit.
Procedure when 133 . If such person does not appear, or appearing, fails to satisfy the court that he did not
witness fails to
abscond or keep out of the way to avoid service of the summons, and that he had not notice
appear.
of the proclamation in time to attend at the time and place named therein, the court may
impose upon him such fine, in the case of the Primary Court not exceeding fifty rupees, and
in the case of the District Court not exceeding two hundred rupees, as the court thinks fit,
having regard to his condition in life and all the circumstances of the case; and may order the
property sequestered, or any part thereof, to be sold for the purpose of satisfying all costs
incurred in consequence of such sequestration, together with the amount of the said fine, if
any:
Provided that if the person whose attendance is required pays into court the costs and the
fine as aforesaid, the court shall order the property to be released from sequestration.
Court may 134 Subject to the rules of this Ordinance as to attendance and appearance, if the court at
summon and
any time thinks it necessary to examine any person other than a party to the action, and not
examine any
named as a witness by a party to the action, the court may, of its own motion, cause such
person as witness.
person to be summoned as a witness to give evidence, or to produce any document in his
possession, on a day to be appointed; and may examine him as a witness, or require him to
produce such document.
Person 135. Subject as last aforesaid, whoever is summoned to appear and give evidence in an
summoned must
action must attend at the time and place named in the summons for that purpose, and
attend at time and
whoever is summoned to produce a document must either attend to produce it, or cause it to
place named in
be produced, at such time and place.
the summons.
When witness 136. No person so summoned and attending shall depart unless and until-
may depart.
(a) he has been examined or has produced the document and the court has
risen; or
(b) he has obtained the court's leave to depart.

Witness may be 137.

arrested for non-
(1) If any person on whom a summons to give evidence or produce a
compliance with
document has been served fails to comply with the summons, or if any person
summons.
so summoned and attending departs in contravention of section 136, the court
may order him to be arrested and brought before the court:
Provided that no such order shall be made when the court has reason to
believe that the person so failing had a lawful excuse for such failure.
Non-
compliance
with summons
(2) When any person so brought before the court fails to satisfy it that he had
without awful
a lawful excuse for not complying with the summons, he shall be deemed to
excuse
be guilty of the offence of contempt of court, and punishable therefor.
deemed to be
contempt of
court.

Court may release 138 . If any person so apprehended and brought before the court cannot, owing to the
arrested witness
absence of the parties or any of them give the evidence or produce the document which he
on bail.
has been summoned to give or produce, the court may require him to give reasonable bail or
other security for his appearance at such time and place as it thinks fit, and on such bail or
security being given may release him.
Procedure when 139 . If any person so failing to comply with a summons absconds or keeps out of the way,
witness absconds.
so that he cannot be apprehended and brought before the court, the provisions of sections
131, 132, and 133 shall, mutatis mutandis apply.
Court may pass 140 . If any party to an action being present in court refuses, without lawful excuse, when
decree against
 required by the court, to give evidence, or to produce any document then and there in his
party refusing to
actual possession or power, the court may in its discretion either pass a decree against him,
give evidence.
or make such other order in relation to the action as the court thinks fit, or may punish him as
for a contempt of court.
Rules as to 141.
witnesses to apply
(1) Whenever any party to an action is required to give evidence or produce a
to a party
document, the rules as to witnesses contained in this Ordinance shall apply to
summoned to give
him, so far as they are applicable.
evidence.
(2) Nothing in this Chapter contained shall be deemed in any way to
contravene or affect the provisions of the Proof of Public Documents
Ordinance except in so far as the same may be hereby expressly repealed or
modified.

Privilege from 142. Any person duly and in good faith summoned or ordered to attend for the purpose of
arrest of witness.
being examined in a case is privileged from arrest in a civil action or special proceeding while
going to, remaining at, and returning from the place where he is required to attend.

CHAPTER XVIII
OF ADJOURNMENTS
Adjournments. 143.
[10,79 of 1988] (1) The court may, if sufficient cause be shown at any stage of the action,
grant time to the parties or to any of them, and may from time to time adjourn
the hearing of the action:
Provided however, that no adjournment in excess of Six weeks may be
granted except in exceptional circumstances, and for reasons to be recorded.
(2) In all such cases the court shall fix a day for the further hearing of the
action, and may make such order as it thinks fit with respect to the costs
occasioned by the adjournment:
Provided that, when the hearing of evidence has once begun, the hearing of
the action shall be continued from day to day until all the witnesses in
attendance have been examined, unless the court finds the adjournment of the
hearing to be necessary for reasons to be recorded and signed by the Judge.

Non-appearance 144 . If on any day to which the hearing of the action is adjourned, the parties or any of
of a party on the
them fail to appear, the court may proceed to dispose of the action in one of the modes
adjourned day.
directed in that behalf by Chapter XII, or make such other order as it thinks fit.
Default of party to 145 . If any party to an action, to whom time has been granted, fails to produce his
carry out purpose
evidence, or to cause the attendance of his witnesses, or to perform any other act necessary
of adjournment.
to the further progress of the action, for which time has been allowed, the court may,
notwithstanding such default, proceed to decide the action forthwith.

CHAPTER XIX
OF THE TRIAL
Determining of 146.
issues.
(1) On the day fixed for the hearing of the action, or on any other day to which
the hearing is adjourned, if the parties are agreed as to the question of fact or
of law to be decided between them, they may state the same in the form of an
issue, and the court shall proceed to determine the same.
(2) If the parties, however, are not so agreed, the court shall, upon the
allegations made in the plaint, or in answer to interrogatories delivered in the
action, or upon the contents of documents produced by either party, and after
such examination of the parties as may appear necessary, ascertain upon
what material propositions of fact or of law the parties are at variance, and
shall thereupon proceed to record the issues on which the right decision of the
case appears to the court to depend.
(3) Nothing in this section requires the court to frame and record issues when
the defendant makes no defence.
Trial of issues of 147. When issues both of law and of fact arise in the same action, and the court is of
law first.
opinion that the case may be disposed of on the issues of law only, it shall try those issues
first, and for that purpose may, if it thinks fit, postpone the settlement of the issues of fact
until after the issue of law have been determined.
Adjournment for 148. If the court is of opinion that the issues cannot be correctly framed without the
evidence.
examination of some person not before the court, or without the inspection of some
document not produced in the action, it may adjourn the framing of the issue to a future day
to be fixed by the court, and may compel the attendance of such person or the production of
such document by summons or other process.
Amendment of 149. The court may, at any time before passing a decree, amend the issues or frame
Issues.
additional issues on such terms as it thinks fit.
Party having right 150 . The party having the right to begin shall state his case, giving the substance of the
to begin to state
facts which he proposes to establish by his evidence.
his case.
Explanation 1
Rules as to right to begin
The plaintiff has the right to begin unless where the defendant
admits the facts alleged by the plaintiff, and contends that either in
point of law or on some additional facts alleged by the defendant
the plaintiff is not entitled to any part of the relief which he seeks, in
which case the defendant has the right to begin.
Explanation 2
The case enunciated must reasonably accord with the party's
pleading, i.e., plaint or answer, as the case may be. And no party
can be allowed to make at the trial a case materially different from
that which he has placed on record, and which his opponent is
prepared to meet. And the facts proposed to be established must
in the whole amount to so much of the material part of his case as
is not admitted in his opponent's pleadings.
Party having right 151 . After stating his case in person, or by his registered attorney or counsel, the same
to begin to
party shall produce his evidence, calling his witnesses and by questions eliciting from each of
produce his
them the relevant and material facts to which such witness can speak of his own observation.
evidence.
Explanation
The questions should be simple, and so framed as to obtain from
the witnesses, as nearly as may be in a chronological order, a
narrative of all the facts relevant to the matter in issue between the
parties which he has witnessed- i.e., which he has in any manner
directly observed or perceived, and no others. And on any disputed
point the questions should not be such as to lead, or suggest, the
answer; nor such as to induce a witness, other than an expert, to
state a conclusion of his reasoning, an inference of fact, or a
matter of belief, in the place of describing what he actually
observed.
Also, a general request to a witness to tell what he knows, or to
state the facts of the case, is, as a rule, not to be permitted,
because it gives an opening for a prepared story.
Nothing in this explanation operates to prevent a witness from
stating hearsay, or giving any opinion, where the hearsay or
opinion is a relevant fact in the case.
Cross- 152. After the examination-in-chief by the party who called the witness, the cross-
examination.
examination of the same witness, if required, shall in like manner be effected by the opposite
side, only that in this case leading questions may be put.
Re-examination. 153 . Then shall follow re-examination by the first side if required, for the purpose of
enabling the witness to explain such answers given by him on cross-examination as may
have left facts imperfectly stated by him, and to add such further facts as may have been
suggested and made admissible by the cross-examination
Explanation
 During the course of the examination, cross-examination, and re-
examination, the court ought not, as a general rule, to interfere,
except when necessary for the purpose of causing questions to be
put in a clear and proper shape, of checking improper questions
and of making the witness give precise answers. At the end of it,
however, if it has been reasonably well conducted, the court ought
to know fairly the position of the witness with regard to the material
facts of the case, and it should then put such questions to the
witness as it may consider necessary to possess itself of all the
detailed relevant facts to which the witness can speak from
personal observation, or which bear upon his trustworthiness.
Tender of 154.
documents in
(1) Every document or writing which a party intends to use as evidence against
evidence.
his opponent must be formally tendered by him in the course of proving his
case at the time when its contents or purport are first immediately spoken to
by a witness. If it is an original document already filed in the record of some
action, or the deposition of a witness made therein, it must previously be
procured from that record by means of, and under an order from, the court. If
it is a portion of the pleadings, or a decree or order of court made in another
action, it shall not generally be removed there from, but a certified copy thereof
shall be used in evidence instead.
Records of (2) It shall not be competent to the court to admit in evidence the entire body
other actions of proceedings and papers of another action indiscriminately. Each of the
not to be constituent documents, pleadings, or processes of the former action, which
admitted in may be required in the pending action, must be dealt with separately as above
bulk. directed.
Documents (3) The document or writing being admitted in evidence, the court, after
admitted to be marking it with a distinguishing mark or letter by which it should, when
read aloud in necessary, be ever after referred to throughout the trial, shall cause it, or so
court. much of it as the parties may desire, to be read aloud.

Explanation
If the opposing party does not, on the document being tendered in
evidence, object to its being received, and if the document is not
such as is forbidden by law to be received in evidence, the court
should admit it.
If, however, on the document being tendered the opposing party
objects to its being admitted in evidence, then commonly two
questions arise for the court:-
Firstly, whether the document is authentic- in other words, is what
the party tendering it represents it to be; and
Secondly, whether, supposing it to be authentic, it constitutes
legally admissible evidence as against the party who is sought to
be affected by it.
The latter question in general is matter of argument only, but the
first must be supported by such testimony as the party can adduce.
If the court is of opinion that the testimony adduced for this
purpose, developed and tested by cross-examination, makes out a
prima facie case of authenticity and is further of opinion that the
authentic document is evidence admissible against the opposing
party, then it should admit the document as before.
If, however, the court is satisfied that either of those questions
must be answered in the negative, then it should refuse to admit
the document.
Whether the document is admitted or not it should be marked as
soon as any witness makes a statement with regard to it; and if not
earlier marked on this account, it must, at least, be marked when
the court decides upon admitting it.
Procedure to be 155. Before a witness is allowed to, in any way, identify a document, he should generally be
followed before
made, by proper questioning, to state the grounds of his knowledge with regard to it.
witness is asked
to identify
document.
Illustration
If the witness is about to speak to the act, or factum, of signature
he should first be made to explain concisely the occurrences which
led to his being present on the occasion of the signing; and if he is
about to recognize a signature on the strength of his knowledge of
the supposed signer's handwriting, he should first be made to slate
the mode in which this knowledge was acquired.
Cross- 156. The questioning for this purpose should be effected by the party who is seeking to
examination as to
prove the document; and the opposing party, if he desires to do so, should be allowed to
knowledge.
interpose with cross-examination on this point before the document is shown to the witness.
Court to see 157. It is the duty of the court, in the Court to see event of a witness professing to be able
witness thus
to witness thus tested recognize or identify writing, always to take care that his capacity to do
tested.
so is thus tested, unless the opposite party admits it.
And to decide on 158 . If on the examination effected for this purpose it appears to the court that the witness
his competency.
was not in tact present at the time Of signing, or is not reasonably competent to identify the
handwriting, then the court shall not permit him to give his testimony on the matter of the
signature.
Signature by a 159.
mark how proved.
(1) The signature of a person, which purports or which appears by the
evidence to have been written by the pen of another, is not proved until both
the fact of the writing and the authority of the writer to write the name on the
document as a signature is proved.
(2) Subsection (1) applies to the case where the signature is a mark explained
by the name written adjacent thereto.

Proof in the case 160 . In the case of an illiterate person, who cannot read, it must also be proved that at the
of an illiterate
time when his name was written on, or his mark put to, the document, he understood the
person.
contents of it:
Provided that where the name of such illiterate person shall have been written on, or his mark
put to, any document for the purpose merely of attesting the signature of another, it shall not
be necessary to prove that he understood the contents of such document, but it shall be
sufficient to prove that he was aware of the purpose for which this name was so written or his
mark so put, and that the person whose signature he purports to attest was known to him.
Case of 161. When the document purports on the face of it to be so old that proof of the actual
documents whose
execution is not required by law, it is not proved until sufficient evidence has been given to
execution need
prove both that it comes into court from the proper custody, and that it has continued to be in
not be proved.
proper custody throughout the period during which it can be reasonably accounted for.
Copy of absent 162 . When the document, the admission of which is objected to, is put forward as the copy
original how
of an absent original, it is not proved until both such evidence as is sufficient to prove the
proved.
correctness of the copy, and also such evidence as would be sufficient to prove the original,
had it been tendered instead of the copy, has been given.
Note:- The question whether a copy document is admissible in evidence between the parties
in the place of the original is quite distinct from the question whether the document (original or
copy) is admissible as evidence relevant to the issue under trial.
On termination of 163 . When the party beginning has stated his case and adduced his evidence in
beginning party's
accordance with the foregoing rules, then the opposing party or parties (if there are more
case the opposing
than one, who have distinct cases) shall in person, or by registered attorney or counsel, state
party to state and
his or their case or cases (and in the latter event in succession), and when the case of each
prove his in like
opposing party has been so stated each such party shall adduce in order his evidence, oral
manner. Reply.
and documentary, and the same shall be received and dealt with precisely as in the case of
When rebutting
the party beginning, who shall then be entitled to reply. But where there are several issues,
evidence is
the burden of proving some of which lies on the other party or parties, the party beginning
admissible.
may at his option either produce his evidence on those issues or reserve it by way of answer
to the evidence produced by the opposing party or parties; and in the latter case the party
 beginning may produce evidence on those issues after the other party or parties has or have
produced all his or their evidence, and such other party or parties may then reply specially on
the evidence so produced by the party beginning, but the party beginning will in that case be
entitled to reply generally on the whole case.
Court may 164. The court may at any time, whether before or after the examination of a witness by the
question witness
respective parties or during such examination, put and interpose such questions as it may
at any time.
consider conducive to the attainment of truth and justice. And the answers to such questions
shall be made to appear on the face of the record as having been given to the court.
Court may recall 165 . The court may also in its discretion recall any witness, whose testimony has been
Witness.
taken, for further examination or cross-examination, whenever in the course of the trial it
thinks it necessary for the ends of justice to do so.
When may court 166 . The court may for grave cause, to be recorded by it at the time, permit a departure
permit departure
from the course of trial prescribed in the foregoing rules.
from above Rules.
Evidence of 167. The evidence of the witnesses shall be given orally, as above prescribed, in open court
witness to be
in the presence and under the personal direction and superintendence of the Judge.
given orally in
open court.
Witness to be 168. Witnesses professing to be Christians or Jews, who have discretion to understand the
examined on oath,
nature of an oath, shall be examined upon oath, unless they state that, according to their
or affirmation.
religious tenets or on other grounds they object to the taking of an oath, in which case they
shall be examined on affirmation. Witnesses not professing to be Christians or Jews shall be
examined on affirmation. The same rule shall apply to affidavits. And except when hereinafter
otherwise expressly provided, the oath or affirmation shall be administered in open court.
Evidence of 169. The evidence of each witness shall be taken down in writing by the Judge, or in his
witness how taken
presence and hearing and under his personal direction and superintendence. The evidence
down.
shall be taken down ordinarily in the form of a narrative.
[30,20 of 1977]
Any particular 170. The court may of its own motion or on the application of any party take down or cause
question and
to be taken down any particular question and answer, or any objection to any question, if
answer may be
there appear to the court any special reason for so doing.
taken down.
The objection to 171 . If any question put to a witness be objected to, and the court allows the same to be
question which is
put, the Judge may in his discretion take down in writing the question, the answer, the
allowed and the
objection, and the name of the party making it, together with the decision of the court
decision of court
thereon.
thereon may be
taken down.
The objection to 172 . If on objection made the court refuses to allow the question to be put, the Judge shall,
question
on the request of the questioner, take down in writing the question, the objection, and the
disallowed and
name of the party making it, together with the decision of the court thereon.
the decision of
court thereon to
be taken down.
Court may record 173 . The court may record such remarks as it thinks material respecting the demeanour of
remarks on
any witness while under examination.
demeanour of
witness.
Witnesses may be 174 . The witnesses on either side or on both or all sides shall, on motion of any of the
kept out of court.
parties, be kept out of court and of hearing, except the witness immediately under
examination; nor shall any witness, who shall remain in court or within hearing after order
made to that effect, be permitted to give evidence, unless in the case of a witness called to
prove some fact which has incidentally become essential in the course of the trial, and the
necessity of which could not reasonably have been anticipated. And every witness who has
been examined shall be kept separate from, and shall be allowed no communication with,
those who still remain to be examined:
Provided that it shall be lawful for the court in its discretion to allow any witness to be
examined, if it shall think such examination conducive to the attainment of truth or justice,
notwithstanding that such witness shall have remained in court or within hearing contrary to
 such order aforesaid.
No witness to be 175.
called or
(1) No witness shall be called on behalf of any party unless such witness shall
document to be
have been included in the list of witnesses previously filed in court by such
produced unless
party as provided by section 121:
included in list of
Provided, however, that the court may in its discretion, if special circumstances
witnesses or
appear to it to render such a course advisable in the interests of justice, permit
documents.
a witness to be examined, although such witness may not have been included
in such list aforesaid,
Provided also that any party to an action may be called as a witness without
his name having been included in any such list.
[31,20 of 1977] (2) A document which is required to be included in the list of documents filed
in court by a party as provided by section 121 and which is not so included
shall not, without the leave of the court, be received in evidence at the trial of
the action:
Provided that nothing in this subsection shall apply to documents produced for
cross examination of the witnesses of the opposite party or handed over to a
witness merely to refresh his memory.

Court may forbid 176 . The court may forbid any questions or inquiries which it regards as indecent or
indecent or
scandalous, although such questions or inquiries may have some bearing on the questions
scandalous
before the court, unless they relate to facts in issue or to matters necessary to be known in
questions.
order to determine whether or not the fact in issue existed.
Court shall forbid 177 . The court shall forbid any question which appears to it to be intended to insult or
insulting
annoy, or which, though proper in itself, appears to the court needlessly offensive in form.
questions.
Evidence de bene 178 .
esse.
(1) If a witness is about to leave the jurisdiction of the court, or if other
sufficient cause is shown to the satisfaction of the court why his evidence
should be taken immediately, the court may upon the application of either
party or of the witness, at any time after the institution of the action and before
trial, take the evidence of such witness in manner hereinbefore provided.
(2) Where such evidence is not taken forthwith, and in the presence of the
parties, such notice as the court thinks sufficient of the day fixed for the
examination shall be given to the parties.
(3) The evidence so taken may be read at any hearing of the action, provided
that the witness cannot then be produced.

Evidence taken on 179 . The court may at any time, for sufficient reason, order that any particular factor facts
affidavit or on
may be proved by affidavit, or by depositions taken on commission, instead of by the
commission.
testimony of witnesses given viva voce before it, or that the affidavit, or deposition taken on
commission, of any witness may be read at the hearing of the action on such conditions as
the court shall think reasonable;
Provided that when it appears to the court that either party bona fide desires the production
of a witness before the court for cross-examination viva voce, and that such witness can be
so produced, an order shall not be made authorizing the evidence of such witness to be
given otherwise than viva voce.
Court may 180. In the event of an order having been made for the proof of facts by affidavit, or by
examine witness
deposition taken on commission, the court may, nevertheless, at the instance of either party
viva voce
order the attendance of the declarant or deponent at the hearing of the action for viva voce
notwithstanding
cross-examination, if he is in Sri Lanka and can be produced.
affidavit or
commission.
What statements 181 . Affidavits shall be confined to the statement of such facts as the declarant is able of
may affidavit
his own knowledge and observation to testify to, except on interlocutory applications in which
contain.
statement of his belief may be admitted, provided that reasonable grounds for such belief be
set forth in the affidavit.
Petitions cannot 182 . A petition stating facts of observation and belief is not converted into an affidavit by the
be converted to
 addition of a verifying clause, an affirmation or oath, to the effect that the statements in the
affidavits.
petition are true.
Who may 183. In the case of any affidavit under this Chapter -
administer oaths.
(a) any court, or Magistrate, or Justice of the Peace; or
[11,79 of 1988]
(b) any officer whom the Minister in charge of the subject of Justice may
appoint for the purpose (and who shall be styled " Commissioner for Oaths ")
may administer the oath to the declarant.
(c) any person qualified to administer an Oath or affirmation according to the
law of the country, in which the affidavit is sworn or affirmed.

Who may make 183A . Where any person is required under the provisions of this Code, or under any other
affidavits in lieu of
law for the time being in force, to make an affidavit, then-
the parties to the
(a) where the action is brought by or against the Attorney-General, any officer
action.
of the State, and
[12,79 of 1988]
(b) where the action is brought by or against a corporation, board, public body,
or company, any secretary, director or other principal officer of such
corporation, board, public body or company; and
(c) where any party to the action is absent from Sri Lanka, his attorney duly
authorized to bring, conduct or defend the action, as the case may be; and
(d) where any party to the action, or where there is more than one party to the
action such of the parties as are in Sri Lanka, or when such attorney of the
parties as is just above mentioned, is or are unable, for want of personal
knowledge or bodily or mental infirmity, to make the required affidavit, any
recognized agent of such party,

may make an affidavit in respect of these matters, instead of the party to the action:
Provided that in each of the foregoing cases the person who makes the affidavit instead of
the party to the action, must be a person having personal knowledge of the facts of the cause
of action, and must in his affidavit swear or affirm that he deposes from his own personal
knowledge of the matter therein contained and shall be liable to be examined as to the
subject-matter thereof at the discretion of the Judge, as the party to the action would have
been, if the affidavit had been made by such party.
Punishment for 183B . Where any person wilfully makes any false statement by affidavit or otherwise, in the
willful false
course of any of the proceedings aforesaid he may be punished as for a contempt of court,
statement made
besides his liability to be tried and punished under the Penal Code for the offence of giving
under section
false evidence, where such statement is on oath or affirmation.
183A.
[12,79 of 1988]

CHAPTER XX
JUDGMENT AND DECREE
Judgment when 184.
pronounced.
(1) The court, upon the evidence which has been duly taken or upon the facts
admitted in the pleadings or otherwise, and after the parties have been heard
either in person or by their respective counsel or registered attorneys (or
recognized agents), shall, after consultation with the assessors (if any),
pronounce judgment in open court, either at once or on some future day, of
which notice shall be given to the parties or their registered attorneys at the
termination of the trial.
(2) On the day so fixed, if the court is not prepared to give its judgment, a yet
future day may be appointed and announced for the purpose.

Judge may 185. A Judge may pronounce a judgment written by his predecessor, but not pronounced,
pronounce
judgment written
by predecessor.
Judgment to be in 186 . The judgment shall be in writing and shall be dated and signed by the Judge in open
writing and to be
court at the time of pronouncing it.
dated and signed
in open court.
[32,20 of 1977]
Validation in 186A . Where a Judge pronounces a judgment written by his predecessor but not
certain
pronounced as provided in section 185, such judgment shall, if such predecessor was a
circumstances of
judicial officer within the meaning of Article 114(6) of the Constitution at the time such
judgments
judgment was written, not be deemed to be invalid by reason only of the fact that such
pronounced by
predecessor had no jurisdiction to write such judgment.
successors in
office of Judges.
[2,3 of 1960]
Requisites of 187. The judgment shall contain a concise statement of the case, the points for
Judgment.
determination, the decision thereon, and the reasons for such decision; and the opinions of
the assessors (if any) shall be prefixed to the judgment and signed by such assessors
respectively.
Decree. 188. As soon as may be after the judgment is pronounced, a formal decree bearing the
same date as the judgment shall be drawn up by the court in the form No. 41 in the First
Schedule or to the like effect, specifying in precise words the order which is made by the
judgment in regard to the relief granted or other determination of the action. The decree shall
also state by what parties and in what proportions costs are to be paid, and in cases in the
Primary Courts shall state the amount of such cost. The decree shall be signed by the Judge.
Amendment of 189.
Judgments,
(1) The court may at any time, either on its own motion or on that of any of the
decrees and
parties, correct any clerical or arithmetical mistake in any judgment or order or
orders.
any error arising therein from any accidental slip or omission, or may make
any amendment which-is necessary to bring a decree into conformity with the
judgment.
(2) Reasonable notice of any proposed amendment under this section shall in
all cases be given to the parties or their registered attorneys.

Requisites of 190. Where the decree relates to immovable property the property affected thereby shall be
decree relating to
described therein by the boundaries and in such other manner by reference to surveys or
immovable
otherwise as may secure, as far as possible, correctness of identification; and the description
property.
shall be in such form as to enable such decree to be registered under the Registration of
[33,20 of 1977]
Documents Ordinance.
Requisites of 191. When the action is for movable property, if the decree be for the delivery of such
decree relating to
property, it shall also state the amount of money to be paid as an alternative, if delivery
movable property.
cannot be had.
At what rate may 192 .
interest on money
(1) When the action is for a sum of rate may interest on money due to the
be decreed
plaintiff, the court may, 192 of the in the decree order interest according to the
[5,53 of 1980]
rate agreed on between the parties by the instrument sued on, or in the
[3,6 of 1990]
absence of any such agreement at the legal rate, to be paid, on the principal
sum adjudged from the date of action to the date of the decree, in addition to
any interest adjudged on such principal superior any period prior to the
institution of the action, with further interest at such rate on the aggregate sum
so adjudged from the date of the decree to the date of payment, or to such
earlier date as the court thinks fit.
(2) For the purposes of this section, "the legal rate " means the rate per
centum per annum determined by the Monetary Board established by the
Monetary Law Act, by Notification published in the Gazette, having regard to
current rates of bank interest.
(3) Where such decree is silent with regard to the payment of further interest
on such aggregate sum as aforesaid from the date of the decree to the date of
payment or other earlier date, the court shall be deemed to have refused such
interest, and a separate action therefor shall not lie.

When may court 193. When the action is for damages for breach of contract, if it appear that the defendant
decree specific
is able to perform the contract, the court, with the consent of the plaintiff, may decree the
performance.
specific performance of the contract within a time to be fixed by the court, and in such case
shall award an amount of damages to be paid as an alternative if the contract is not
performed.
When may court 194. In all decrees for the payment of money, except money due on mortgage of movable
decree payment
or immovable property, the court may order that the amount decreed to be due shall be paid
by instalments.
by instalments, with or without interest, and the court may in its discretion impose such terms
as it may think fit as to giving security for the payments so to be made:
Provided always that on failure to pay the first or any other instalment, the whole amount or
any balance then due shall on such failure become immediately payable;
Provided also, that if the party ordered to pay by instalments shall appeal against the decree,
and the appeal shall be decided against him, his right to pay by instalments shall cease, and
the whole amount shall be immediately payable, unless the Court of Appeal or the Supreme
Court, as the case may be, give express direction to the contrary;
Provided also, that no appeal shall lie against the refusal of the court to make an order for
payment by instalments.
Decree when set- 195 . If the defendant shall have been allowed to set off any demand against the claim of
off or claim in
the plaintiff, the decree shall state what amount is due to the plaintiff and what amount (if
reconvention is
any) is due to the defendant, and the mandatory part of the decree shall be for the recovery
allowed.
of any balance which shall on that statement appear to be due to either party. The decree of
the court with respect to anything awarded to the defendant on any matter on which the
defendant obtains judgment by set-off or in reconvention, shall be to the same effect, and be
subject to the same rules, as if such thing had been claimed by the defendant in a separate
action against the plaintiff.
Decree when 196. When the action is for the recovery of the possession of immovable property, yielding
claim in respect of
rent or other profit, the court may, whenever the prayer of the plaint asks for damages in
mesne profits from
respect of mesne profits or rent, provide in the decree for the payment of money in lieu of
date of action is
mesne profits or rent in respect of such property from the date of the institution of the action
allowed.
until the delivery of possession to the party in whose favour the decree is made, with interest
[6,53 of 1980]
thereon at such rate not exceeding twelve per centum as the court thinks fit.
Explanation
" Mesne profits " of property mean those profits which the person
in wrongful possession of such property actually received, or might,
with ordinary diligence, have received therefrom.
Mesne profits 197. When the action is for the recovery of possession of immovable property and for
prior to date of
mesne profits which have accrued thereon during a period prior to the institution of the action,
action.
the court may either determine the amount and make an order for the payment thereof
additional to and embodied in the decree itself, or may pass a decree for the property and
reserve the inquiry into the amount of mesne profits to be entered upon after the execution of
the decree for the property, as may appear most convenient.
Interlocutory order 198 . When the action is for an account of any property and for its due administration under
for accounts.
the decree of the court, the court, before making the final decree between the parties, shall
order such accounts and inquiries to be taken and made, and give such other directions, as it
thinks fit.
Administration by 199 . In the administration by the court of the property of any person who dies after this
the court.
Ordinance comes into force, if such property proves to be insufficient for the payment in full
of his debts and liabilities, the same rules shall be observed as to the respective rights of
secured and unsecured creditors, and as to debts and liabilities provable, and as to the
valuation of annuities and future and contingent liabilities respectively as may be in force for
the time being with respect to the estates of persons adjudged insolvent. And all persons who
in any such case would be entitled to be paid out of such property may come in under the
decree for its administration and make such claims against the same as they may
respectively be entitled to by virtue of this Ordinance.
Decree in action 200 . When the action is to enforce a right of pre-emption in respect of a particular sale of
for preemption &
property, and the court finds for the plaintiff, if the amount of purchase money has not been
c.
paid into court, the decree shall specify a day on or before which it shall be so paid, and shall
declare that on payment of such purchase money, together with the costs (if any) decreed
against him, the plaintiff shall obtain possession of the property, but that if such money and
 costs are not so paid on or before such day or any extension thereof which shall have been
allowed for good cause shown, the action shall stand dismissed with costs.
[Section 201 is repealed by Ordinance No. 21 of 1927]
Interlocutory order 202 . When the action is for the dissolution of partnership, the court before making its decree
in action for
may pass an order fixing the day on which the partnership shall stand dissolved, and
dissolution of
directing such accounts to be taken and other acts to be done as it thinks fit.
partnership.
Suit for account 203 . When the action is for an account of pecuniary transactions between principal and
between principal
agent, and in all other actions not hereinbefore provided for, where it is necessary in order to
and agent.
ascertain the amount of money due to or from any party that an account should be taken, the
court shall before making its decree pass an order directing such account to be taken as it
thinks fit.
Decree or order 204 . When a decree or order made at the hearing of the action is such as to have the effect
postponing
of postponing the further hearing and the final determination of the action, as for instance a
hearing.
decree for the taking of accounts, or an order for the issue of a commission to take evidence,
or of a commission to divide by metes and bounds, it shall specify the time at which the
further hearing of the action shall be proceeded with.
Any person 205. Upon being paid such fee as the court shall from time to time determine, the Registrar
entitled to certified
of the court shall at all times furnish to any person applying for the same, and supplying the
copies of decree
necessary stamp, copies of the proceedings in any action, or any party thereof, or upon such
and judgment.
application and production of such stamp shall examine and certify to the correctness of any
such copies made by such person.
Decree or copy to 206 . The decree or such certified copy thereof shall constitute the sole primary evidence of
be primary
the decision or order passed by the court.
evidence of
decision.
Decrees must be 207 . All decrees passed by the court shall, subject to appeal, when an appeal is allowed,
decisive, and
be final between the parties; and no plaintiff shall hereafter be non-suited.
must not direct
non-suit.
Explanation
Every right of property, or to money, or to damages, or to relief of
any kind which can be claimed, set up, or put in issue between the
parties to an action upon the cause of action for which the action is
brought, whether it be actually so claimed, set up, or put in issue or
not in the action, becomes, on the passing of the final decree in the
action, a res adjudicata, which cannot afterwards be made the
subject of action for the same cause between the same parties.

CHAPTER XXI
OF COSTS
Costs. 208. Under the denomination of costs are included the whole of the expenses necessarily
incurred by either party on account of the action and in enforcing the decree passed therein,
such as the expense of stamps, of summoning the defendants and witnesses, and of other
processes, or of procuring copies of documents, fees and charges of counsel and registered
attorneys, such just and reasonable charges as appear to have been properly incurred in
procuring evidence and the attendance of witnesses, and expenses of commissioners either
in taking evidence or in local investigations, or in investigations into accounts; and all of other
expenses of procuring and adducing necessary evidence.
Court always to 209. When disposing of any application or action under this Ordinance, whether of regular
have Power to
or of summary procedure, the court may, unless elsewhere in this Ordinance otherwise
give or reserve
directed, give to either party, the costs of such application or action, or may reserve the
costs.
consideration of such costs for any future stage of the proceedings. The court may in its
[5,14 of 1997]
order, fix the amount of the costs of such application or action, so however, that the amount
so fixed shall not be less than fifty per centum of the amount of costs that may be given in an
application or action of that category, at such rates as may be prescribed for the purposes of
section 214, and not more than two hundred per centum of the amount of costs that may be
given in an application or action of that category, at such rates as may be prescribed for the
 purposes of section 214. Any order for the payment of costs only, is a decree for money
within the provisions of section 194 as to payments by instalments.
Court shall direct 210 . The decree or order shall direct by whom, the costs of each party are to be paid, and
by whom costs
whether in whole or in what part or proportion. The court shall, in decrees entered in such
are be paid and
classes of action as are prescribed, give its estimate of the value of the action, and such
estimate value in
estimate shall be deemed to be the value of the action, for the purposes of applying the rates
certain cases.
prescribed for the purposes of section 214, to that action.
[6,14 of 1997]
Court may 211.
apportion costs.
(1) The court shall have full power to give and apportion costs of every
[7,14 of 1997]
application and action in any manner it thinks fit, and the fact that the court
has no jurisdiction to try the case is no bar to the exercise of such power:
Provided that if the court directs that the costs of any application or action
shall not follow the event, the court shall state its reasons in writing.
(2) Without prejudice to the generality of the powers of the court under
subsection (1), the court may give costs to a party, in the case of any frivolous
or vexatious action or application or defence by the other party or in the case
of expense to such party, occasioned by the delay or default of the other party
or by the making of any unnecessary or unreasonable application by the other
party, so however, that the costs so ordered shall in no case exceed five
hundred per centum of the costs that may be ordered in an application or
action of that category, at the rates prescribed for the purposes of section
214.

Set-off costs. 212. The court may direct that the costs of payable to one party by another shall be set off
against a sum which is admitted or is found in the action to be due from the former to the
latter. But such direction shall not affect the lien upon the amount decreed of any registered
attorney in respect of the costs payable to him under the decree.
Court may give 213. The court may give interest on costs at the legal rate per annum as specified in
interest on costs.
section 192 of the Ordinance, calculated from the date of the decree, and may direct that
[7,53 of 1980]
costs, with or without interest, be paid out of, or charged upon, the subject matter of the
[8,14 of 1997]
action.
Costs to be taxed. 214 . All bills of costs, whether between party and parties, or between registered attorney
[9,14 of 1997]
and client, shall be taxed by the Registrar of the court in either case according to such rates
as may be prescribed. If either party is dissatisfied with this taxation, the matter in dispute
shall be referred to the court for its decision, and the decision of the court (except when it is
the decision of the Court of Appeal) he liable to an appeal to the Court of Appeal.
Action for costs by215 . No registered attorney shall commence or maintain any action for the recovery of any
registered
fees, charges, or disbursements at law until the expiration of one month or more after he
attorney.
shall have delivered unto the party charged therewith, or left with him at his dwelling house or
last known place of abode, a bill of such fees, charges and disbursements subscribed by
such registered attorney. And after such delivery or service thereof, either the registered
attorney or party charged therewith may obtain an appointment from the taxing officer for the
taxation thereof; and if either party shall fail to attend, and the taxing officer is satisfied that
such party has received due notice of the appointment, the taxation shall proceed in his
absence.
Registered 216. If more than one-sixth of the amount of any bill of costs is disallowed by the taxing
attorney to bear
officer, the registered attorney shall bear the expense of taxation.
costs of taxation
in what case.

CHAPTER XXII
OF EXECUTIONS
Classification of 217. A decree or order of court may command the person against whom it operates-
decrees.
(A) to pay money;
(B) to deliver movable property;
(C) to yield up possession of immovable property;
 (D) to grant, convey, or otherwise pass from himself any right to, or interest in,
any property;
(E) to do any act not falling under any one of the foregoing heads; or it may
enjoin that person-
(F) not to do a specified act, or to abstain from specified conduct or behaviour;
or it may, without affording any substantive relief or remedy-
(G) declare a right or status.
And the method of procedure to be followed, when necessary, by the person
party to the action in whose favour the decree or order is made, hereinafter
called the "decree-holder" or "judgment-creditor ", in order to enforce
satisfaction or execution of the decree in each case respectively by the person
party to the action against whom the decree is made, hereinafter called " the
judgment-debtor ", is that which is next hereinafter specified according to the
above distinguishing heads.

EXECUTION OF DECREE TO PAY MONEY

Power of creditor 218. When the decree falls under head (A) and is unsatisfied, the judgment-creditor has the
to seize and sell
power to seize, and to sell or realize in money by the hands of the Fiscal, except as
debtor's property
hereinafter mentioned, all saleable property, movable or immovable, belonging to the
in satisfaction
judgment-debtor, or over which or the profits of which the judgment-debtor has a disposing
decree for
power, which he may exercise for his own benefit, and whether the same be held by or in the
payment of
name of the judgment-debtor or by another person in trust for him or on his behalf; Provided
money.
that the following shall not be liable to such seizure or sale, namely-
Excepted (a) the necessary wearing apparel, beds, and bedding of the judgment-
property. debtor, or of his wife and children;
(b) tools, utensils, and implements of trade or business, and, where the
judgment-debtor is an agriculturist, his implements of husbandry and such
cattle and seed grain as may in the opinion of the court be necessary to
enable him to earn his livelihood as such; and such quantity of paddy as may,
in the opinion of the court, be necessary for the purpose of providing for the
support of himself and his family until the next harvest;
(c) professional instruments and library necessary for the carrying on of the
judgment-debtor's profession or business to the value of one thousand
rupees;
(d) books of accounts;
(e) mere rights to sue for damages;
(f) any right of personal service;
(g) the stipend, the cost of living allowance and the special living allowance of
a naval, military, air force, civil or political pensioner of the Government;
[35,20 of 1977] (h) so much of the salary and allowances of a state officer as does not in the
aggregate exceed five hundred rupees per month;
(i) the pay and allowances of persons to whom the articles of war apply;
(j) the wages of labourers and domestic servants;
(k) an expectancy of succession by survivorship or other merely contingent or
possible right of interest;
(l) a right to future maintenance and all maintenance, alimony and costs
ordered in matrimonial suits or maintenance actions;
(m) so much of the salary or wages and allowances of an employee other
than a state officer as does not in the aggregate exceed five hundred rupees
per month;
(n) any house which is not mortgaged as security for the payment of the whole
or part of the sum referred to in such decree and which is the actual residence
of the judgment-debtor at the time of the execution of such decree and has
been such residence from the time of the institution of the action in which such
decree has been entered together with such extent of land appurtenant
thereto as the court may consider necessary for its enjoyment;
(o) the amount standing to the credit of an employee's individual account in
the Employees' Provident Fund established under the Employees' Provident
Fund Act, or in any other provident fund established for the benefit of
 employees in any employment.

Explanation
The particulars mentioned in clauses (g), (h), (i), (j), (m) and (o) are
exempt from sequestration or sale, whether before or after they are
actually payable.
Examination of 219.
judgment-debtor
(1) The party entitled to enforce any decree for the recovery or payment
as to debts owing
money may apply to the court for an order that the debtor (or, in the case of a
to him.
him. corporation, that any officer thereof) be orally examined before the court
on oath or affirmation, as to whether any and what debts are owing to the
debtor, and whether the debtor has any and what other property or means of
satisfying the decree; and the court may thereon make an order for the
attendance and examination on oath or affirmation of such debtor or of any
other person whom it thinks necessary, and for the production by such debtor
or person of any books or documents.
(2) If a debtor for whose attendance an order has been made under this
section fails to comply with such order, the court may, on its own motion or on
the application of the party entitled to enforce the decree, issue a warrant for
the arrest of such debtor:
Provided the court may make it a condition of the issue of such warrant that
the person applying for it shall deposit such sum as the court may deem
reasonable for the subsistence of the debtor from the time of his arrest until he
can be brought before the court, and for the purpose of defraying any other
expenditure that may be incurred in executing such warrant.

Application need 220 . It shall not be necessary to support any such application by affidavits of the applicant's
not to be
belief that any debts are owing to the debtor, or that he has any other property or means of
supported by
satisfying the decree.
affidavit
Costs. 221. The costs of any such application and of any proceedings arising there out or
incidental thereto shall be in the discretion of the court.
Execution of 222.
decree against
(1) If the decree is against a party as the legal representative of a deceased
legal
person, and is for money to be paid out of the property of the deceased, it
representative of
may be executed by the attachment and sale of any such property in the
a deceased
hands or under the control of the party against whom the decree is made.
person.
(2) If no such property can be found, and the judgment-debtor fails to satisfy
the court that he has duly applied such property of the deceased as is proved
to have come into his possession, the decree may be executed against the
judgment-debtor to the extent of the property not duly applied by him, in the
same manner as if the decree had been against him personally.
(3) An application to execute a decree against the judgment-debtor as
provided in subsection (2) shall be made, by petition supported by affidavit of
the judgment- creditor setting out the material facts, to which application the
judgment-debtor shall be made respondent. The court shall after inquiry, if
satisfied that the decree should be executed against the judgment-debtor
personally, grant such application.

Seizure and sale 223 . For the purpose of effecting the required seizure and sale in any case the Fiscal must
to be effected
be put in motion by application for execution of decree to the court which made the decree
under order of
sought to be enforced.
court.
Application 224. The application for execution of the decree shall be in writing, signed by the applicant
therefor.
or his registered attorney, and shall contain the following particulars :-
(a) the number of the action;
(b) the names of the parties;
(c) the date of the decree;
(d) whether any appeal has been preferred from the decree;
 (e) whether any, and what, adjustment of the matter in dispute has been made
between the parties subsequently to the decree;
(f) whether any, and what previous applications have been made for execution
of the decree, and with what result, including the dates and amounts of
previous levies, if any;
(g) the amount of the debt or compensation, with the interest, if any, due upon
the decree, or other relief granted thereby;
(h) the amount of costs, if any, awarded;
(i) the name of the person against whom the enforcement of the decree is
sought;
(j) the mode in which the assistance of the court is required, whether by the
delivery of property specifically decreed, by the arrest and imprisonment of the
person named in the application, or by the attachment of his property, or
otherwise as the nature of the relief sought may require.

Court to satisfy 225.

itself as to
(1) Upon the application for execution of the decree being made, the court
conformity &c
shall satisfy itself by reference, if necessary, to the record of the action in
application. When
which the decree or order sought to be executed was passed, that the
application should
application is substantially in conformity with the foregoing directions, and that
be refused by the
the applicant is entitled to obtain execution of the decree or order which is the
court.
subject of the application. If the court is not satisfied in these respects it shall
refuse to entertain the application, unless and until amended in the particulars
in which the court considers it faulty and defective, and with the view to its
being so amended the court shall point out these particulars to the applicant;
Provided that the court may make the requisite amendment then and there, if it
is consented to by the applicant and is such as to admit of being conveniently
so affected; and
Provided further that every such amendment shall be attested by the signature
of the Judge making it.
(2) In the event of the court refusing to entertain the application, the order of
refusal, stating the date both of the application and of the order, and the name
of the applicant, and specifying the grounds of refusal, shall be endorsed on
the application, and the same shall be filed of record in the action.
Writ of (3) If the court is satisfied in the respects above indicated, it shall direct a writ
execution. of execution to issue to the Fiscal in the form No. 43 in the First Schedule.

Duties of Fiscal 226.

on receiving writ.
(1) Upon receiving the writ, the Fiscal or his deputy, or other officer, shall
within forty-eight hours after delivery to him of the same, if the debtor shall be
a person residing within five miles of the office of the Fiscal or Deputy Fiscal-
or if residing beyond five miles, within an additional forty-eight hours for every
five miles or part thereof-repair to his dwelling house or place of residence
and there require him, if present, to pay the amount of the writ.
(2) If by reason of the debtor's absence no demand for the payment is made,
or, in the event of any such demand, when made not being complied with, the
Fiscal shall forthwith proceed to seize and sell, or otherwise realize in money,
such unclaimed property of the judgment-debtor as may be pointed out and
surrendered to him for the purpose by the judgment-debtor, or in default
thereof such property of the Judgment-debtor as may be pointed out by the
judgment-creditor, or such property as is specified in the writ according to the
rules next hereinafter contained:
Provided that when the debtor is out of Sri Lanka it shall not be necessary to
require him to pay the amount of the writ before the execution is carried into
effect.

Mode of Seizure
Seizure of 227. If the property sought to be seized and sold, or otherwise realized in satisfaction of the
movable property
decree to be executed is movable property in the possession of the judgment-debtor, other
in possession of
than the property mentioned in the first proviso to section 218, the seizure shall be manual.
debtor to be
The Fiscal, Deputy Fiscal, or other officer may at his discretion permit the owner or possessor
manual. Disposal
of the property or the writ-holder to take charge of the property until the time of sale, on
of property seized
giving security to the satisfaction of such officer that he will in the meantime safely and
until sale.
securely keep the same; or such officer may upon the necessary expenses therefor being
advanced or secured to him by the debtor or the writ-holder, keep the property in his own
custody or in the custody of one of his subordinates, or cause the same to be removed to
some fit place of security. If such security is not given or such expenses are not advanced or
secured, the Fiscal, Deputy Fiscal, or other officer shall make a special return thereof to the
court, and shall not be responsible for the due custody of the property so seized. The
expenses of keeping the property in such custody or of removing the same when certified by
the Fiscal shall, if not paid by the debtor, be a first charge on the proceeds of the property
seized or sequestered, provided that the court may, if it thinks fit, reduce the amount of
expenses so certified as aforesaid: Provided that when the property seized is Proviso as to
subject to speedy and natural decay, or perishable property. when the expense of keeping it
in custody will exceed its value, the Fiscal may sell it at once. The Fiscal, Deputy Fiscal, or
other officer may at his discretion permit the owner or possessor of the property or the writ-
holder to take charge of the property until the time of sale, on giving security to the
satisfaction of such officer that he will in the meantime safely and securely keep the same; or
such officer may upon the necessary expenses therefor being advanced or secured to him by
the debtor or the writ-holder, keep the property in his own custody or in the custody of one of
his subordinates, or cause the same to be removed to some fit place of security. If such
security is not given or such expenses are not advanced or secured, the Fiscal, Deputy
Fiscal, or other officer shall make a special return thereof to the court, and shall not be
responsible for the due custody of the property so seized. The expenses of keeping the
property in such custody or of removing the same when certified by the Fiscal shall, if not
paid by the debtor, be a first charge on the proceeds of the property seized or sequestered,
provided that the court may, if it thinks fit, reduce the amount of expenses so certified as
aforesaid:
Provided that when the property seized is Proviso as to subject to speedy and natural decay,
or perishable property. when the expense of keeping it in custody will exceed its value, the
Fiscal may sell it at once.
As to attachment 228 . If the property is a negotiable instrument not deposited in a court, nor in the custody of
of negotiable
a public officer, the instrument shall be seized and brought into court and held subject to the
instrument.
further orders of the court.
Seizure of debts, 229 . In the case of-
shares, and
(i) a debt not secured by a negotiable instrument,
movable property
(ii) a share in the capital of any public company or corporation,
not in possession
(iii) other movable property not in the possession of the judgment-debtor,
of debtor and not
except property deposited in, or in the custody of, any court, or in the custody
deposited in court
of a public officer,
to be by written
notice of
prohibition.
the sequestration or seizure shall be made by a written notice signed by the Fiscal,
prohibiting-
(a) in the case of the debt, the creditor from recovering the debt, and the
debtor from making payment thereof until the further order of the court from
which the writ of execution authorizing the seizure issues;
(b) in the case of the share, the person in whose name the share may be
standing from transferring the same or receiving any dividend thereon ;
(c) in the case of the other movable property except as aforesaid, the person
in possession of the same from giving it over to the judgment-debtor.

A copy of such order shall be affixed to some conspicuous part of the court-house, and
another copy of the same shall be delivered or sent by post, in the case of the debt to the
debtor, in the case of the share to the proper officer of the company or corporation, and in the
case of the other movable property (except as aforesaid) to the person in possession of the
same.
Judgment-debtor's
 230.
debtor may be
(1) A debtor prohibited under clause (a) of last preceding section may, upon
summoned, or
the application of the judgment-creditor, be summoned by the court to show
execution may
cause, on a day fixed in the summons, why he should not pay to the
issue against him.
judgment-creditor the debt due from him to the judgment-debtor, or so much
thereof as may be sufficient to satisfy the judgment. If such debtor does not
dispute the debt due or claimed to be due from him, and fails within such time
as may be allowed him by the court to pay into court the amount due from him
to the judgment-debtor, or an amount equal to the judgment, or if he does not
appear upon summons, then the court may order execution to issue, and it
may issue accordingly, to levy the amount due from such debtor, or so much
thereof as may be sufficient to satisfy the judgment.
(2) The costs of any application and of any proceedings arising from, or
incidental to, any such application as aforesaid shall be in the discretion of the
court.

Payment by him 231 . Payment made by, or execution levied upon, such debtor in manner him to be a
to be discharge as
provided in the last preceding section shall against be a valid discharge to him as against the
against judgment-
judgment-debtor to the amount paid or levied, although such proceeding may be set aside or
debtor.
the judgment in respect of which any payment or levy is made may be reversed.
Seizure of 232.
property
(1) If the property is deposited in, or in the custody of, any court or public
deposited in any
officer, the seizure shall be made by a notice to such court or officer,
court. Question of
requesting that such property and any interest or dividend becoming payable
priority.
thereon may be held subject to the further orders of the court from which the
writ of execution authorizing the seizure issues :
Provided that, if such property is deposited in, or is in the custody of, a court,
title or any question of title or priority arising between the judgment-creditor
and any other person, not being the judgment-debtor, claiming to be
interested in such property by virtue of any assignment, attachment, or
otherwise, shall be determined by such court.
(2) Upon such notice being received by any court a memorandum thereof shall
be made in the journal of the action in which or to the credit of any party to
which, the money is deposited, or is in the custody of the court.

Explanation
Money in an appropriate bank account to the credit of an action, or
to the credit of any party to an action, is within the meaning of this
section, money deposited in, or in the custody of, the court in which
the action is.
Notice by Fiscal. 233. The notice necessary to effect seizure under section 229 and 232 may be signed and
served by the Fiscal under the authority of the writ of execution alone.
Seizure of a 234.
money decree in
(1) If the property is a decree for money passed in favour of the judgment-
favour of
debtor by the court which passed the decree sought to be executed, the
judgment-debtor.
seizure shall be made by an order of the court directing the proceeds of the
former decree to be applied in satisfaction of the latter decree.
(2) If the property is a decree for money passed by any other court, the
seizure shall be made by a notice in writing to such court signed by the
Registrar of the court which passed the decree sought to be executed,
requesting the former court to stay the execution of its decree until such notice
is cancelled by the court from which it was sent. The court receiving such
notice shall stay execution accordingly, unless and until-
(a) the court which passed the decree sought to be executed
cancels the notice, or
(b) the holder of the decree sought to be executed applies to the
court receiving such notice to execute its own decree. On
receiving such application the court shall proceed to execute the
decree and apply the proceeds in satisfaction of the decree
 sought to be executed.

Seizure of any 235. In the case of all other decrees the seizure shall be made by an order of the court
other decrees.
which passed the decree sought to be executed to the holder of the decree sought to be
seized, prohibiting him from transferring or charging the same in any way, and when such
decree has been passed in any other court, also by sending to such court a like notice in
writing to abstain from executing the decree sought to be seized until such notice is cancelled
by the court from which it was sent. Every court receiving such notice shall give effect to the
same until it is so cancelled.
Alienation by 236. When a seizure of any negotiable instrument, debt, share, money, decree or any other
debtor
movable property has been effected and made known in manner hereinbefore provided, any
subsequent to
private alienation of the property seized, whether by sale, gift, mortgage, or otherwise, and
seizure void as
any payment of the debt or dividend or delivery of the share to the judgment-debtor during
against claims
the continuance of the seizure, shall be void as against all claims enforceable under the
enforceable under
seizure.
seizure.
Seizure of 237.
immovable by
(1) If the property is immovable, the seizure shall be made by a notice signed
written notice of
by the Fiscal prohibiting the judgment- debtor from transferring or charging the
prohibition.
property in any way, and all persons from receiving the same from him by
purchase, gift, or otherwise.
Publication of (2) The notice shall specify the parties to the action, the judgment-debtor, the
such notice . dates of judgment and seizure, and the name, situation, and boundaries of
the land seized, and shall be proclaimed at some place on or adjacent to such
property by beat of tom-tom or other customary mode, and a copy of the
notice shall be affixed by the Fiscal to a conspicuous part of the property and
of the court-house and of the Fiscal's office. But in no case shall the Fiscal
enter upon actual possession of the immovable property so seized, or receive
the rents and profits thereof, unless expressly directed so to do by order made
under Chapter I.

Effect of 238. When a seizure of immovable property is effected under a writ of execution and made
publication of
known as provided by section 237 and notice of the seizure is registered before the 1st day
seizure and
of January, 1928, in the book formerly kept under section 237 or is registered on or after the
registration of
1st day of January, 1928, under the Registration of Documents Ordinance, any sale,
notice of seizure.
conveyance, mortgage, lease, or disposition of the property seized, made after the seizure
and registration of the notice of seizure and while such registration remains in force is void as
against a purchaser from the Fiscal selling under the writ of execution and as against all
persons deriving title under or through the purchaser.
When seizure 239. If the amount decreed with costs and all charges and expenses resulting from the
must be ordered
seizure of any property is paid into court, or if satisfaction of the decree is otherwise made
to be withdrawn.
through the court, or if the decree is set aside or reversed, an order shall be issued on the
application of any person interested in the property, for the withdrawal of the seizure.
List to be made of 240 . As soon as any property shall be seized by the Fiscal, Deputy Fiscal, or other officer, a
property seized.
list of such property shall forthwith be made and signed by himself or the person seizing the
same, and shall be given to the judgment-debtor and to any person claiming to be in
possession of the property seized, and copies thereof shall be also deposited in the Fiscal's
office and annexed to the return to the writ.

Claims to Property seized

Claims to property 241 . In the event of any claim being preferred to, or objection offered against the seizure or
seized to be
sale of, any immovable or movable property which may have been seized in execution of a
reported by Fiscal
decree or under any order passed before decree, as not liable to be sold, the Fiscal or
and investigated
Deputy Fiscal shall, as soon as the same is preferred or offered, as the case may be, report
by court.
the same to the court which passed such decree or order; and the court shall thereupon
proceed in a summary manner to investigate such claim or objection with the like power as
regards the examination of the claimant or objector, and in all other respects, as if he were a
 party to the action;
Provided always that when any such claim or objection is preferred or offered in the case of
any property so seized outside the local limits of the jurisdiction of the court which passed the
decree or order under which such seizure is made, such report shall be made to, and such
investigation shall thereupon be held by, the court of the district or division within the local
limits of which such seizure was made, and the proceedings on such report and investigation
with the order thereon shall, at the expiry of the appealable time, if no appeal has been within
that time taken therefrom, but if an appeal has been taken, immediately upon the receipt by
such court of the judgment or order in appeal, be forwarded by such court to the court which
passed the decree or order, and shall be and become part of the record in the action;
Provided, further, that in every such case the court to which such report is made shall be
nearer to the place of seizure than, and of co-ordinate jurisdiction with, the court which
passed the decree or order.
Claim to be made 242 . The claim or objection shall be made at the earliest opportunity, and if the property to
at earliest
which the claim or objection applies shall have been advertised for sale, the sale may (if it
opportunity.
appears to the court necessary) be postponed for the purpose of making the investigation
mentioned in section 241:
Provided that no such investigation shall be made if it appears to the court that the making of
the claim or objection was designedly and unnecessarily delayed with a view to obstruct the
ends of justice.
Claimant to 243. The claimant or objector must on such investigation adduce evidence to show that at
adduce evidence.
the date of the seizure he had some interest in, or was possessed of, the property seized.
Discretion of court 244 . If upon the said investigation the court is satisfied that, for the reason stated in the
to release the
claim or objection such property was not, when seized, in the possession of the judgment-
property claimed.
debtor, or of some person in trust for him or in the occupancy of a tenant or other person
paying rent to him, or that being in the possession of the judgment-debtor at such time, it
was so in his possession, not on his own account or as his own property, but on account of
or in trust for some other person, or partly on his own account and partly on account of some
other person, the court shall release the property wholly, or to such extent as it thinks fit, from
seizure and make such order as to payment of fees and charges already incurred by the
Fiscal as it may deem fit.
When may court 245 . If the court is satisfied that the property was, at the time it was seized, in possession of
disallow the claim.
the judgment-debtor as his own property, and not on account of any other person or was in
the possession of some other person, in trust for him, or in the occupancy of a tenant or
other person paying rent to him, the court shall disallow the claim.
Court may 246. If the court is satisfied that the property is subject to a mortgage or lien in favour of
continue seizure
some person not in possession, seizure subject and thinks fit to continue the sequestration or
subject to
seizure, it may do so subject to such mortgage or lien.
mortgage or lien.
Action by party 247. The party against whom an order under section 244, 245, or 246 is passed may
claiming right.
institute an action within fourteen days from the date of such order to establish the right
which he claims to the property in dispute, or to have the said property declared liable to be
sold in execution of the decree in his favour ; subject to the result of such action, if any, the
order shall be conclusive.
Punishment as 248. Whenever it shall appear to a competent court, and be so found and declared in any
well as damages
judgment pronounced by it in any action instituted by or against any person claiming any
may be awarded
property pointed out or seized in execution, that such claim is altogether groundless, and
for groundless
wilfully preferred only to defeat or delay the execution, every such claimant shall, in addition
claim.
to his liability to pay costs and damages, be liable to a fine not exceeding fifty rupees, and
such fine shall be recovered as a fine imposed by a court in a criminal case.
Seizure of 249. When a Fiscal has seized property of a partnership before or after its dissolution, upon
partnership
a writ of execution against the interest therein of any partner made by virtue of ah execution
property for debt
against his individual property, any other partner or former partner having an interest in the
of partner, other
property may, at any time before the sale, apply to the court from which the writ of execution
partner may apply
issued, upon an affidavit showing the facts, for an order directing the Fiscal to release the
for release.
property and to deliver it to the applicant.
Undertaking to be 250 . Upon such an application the applicant must give an undertaking, with at least two
given by applicant.
sureties, approved by the Judge, to the effect that he will account to the purchaser upon the
sale to be made by virtue of the execution of the interest of the judgment-debtor in the
property seized, in like manner as he would be bound to account to an assignee of such an
interest; and that he will pay to the purchaser the balance which may be found due upon the
accounting, not exceeding a sum specified in the undertaking, which must be not less than
the value of the interest of the judgment-debtor in the property seized by the Fiscal as fixed
by the Judge.
Undertaking, to 251. Where property of a partnership has been released upon an undertaking as prescribed
whose benefit it.
in the last two sections, if the execution by virtue of which the levy was made is set aside or is
satisfied without a sale of the interest levied upon, the undertaking ensures to the benefit of
each judgment-creditor of the same judgment-debtor then having an execution in the hands
of the Fiscal having authority to levy upon that interest, as if it had been given to obtain a
release from a seizure made by virtue of such an execution.
Interest of 252. Where property of a partnership has been so released, the interest of the judgment-
judgment- debtor
debtor therein may be sold by the Fiscal, and the purchaser upon the sale acquires all that
may be sold.
interest as if he was an assignee thereof.

Of the Sale and Disposition of the Property seized: (I) Of Sales

Generally
Coin or currency 253 . If the property seized is coin or currency notes the Fiscal shall deal with it in the
notes to seized
manner hereinafter directed in respect of money received by the Fiscal on the sale of
how dealt with.
property sold at the execution sale.
How may decree 254 . When the property seized is a decree of court the judgment-creditor at whose instance
of court, seized be
the seizure is made shall be deemed the assignee thereof under assignment as of the date of
realized.
the seizure, made by the person against whom he is executing the writ of execution, so far as
that person's interest extends, and he may realize the decree in the manner hereinafter
provided for the execution of a decree by an assignee thereof.
Procedure in case 255 . In the case of all other property seized by the Fiscal he shall proceed to the sale
of other property
thereof in the manner following :-
sized by fiscal.
Notice of sale I.-In all cases of movable property the Fiscal or Deputy Fiscal shall cause
: I. - For notice of sale thereof to be given by beat of tom-tom or in such other manner
movable as to secure publicity thereto, both at the place of sale and also where the
property. seizure shall have been made, and such notice shall not be less than three
days and not exceeding fourteen days before the day of sale, unless the time
be enlarged by any order of court, and shall specify, as fairly and accurately
as under the circumstances is reasonably practicable-
(a) the property to be sold ;
(b) the action in which, and
(c) the place, and
(d) day, and
(e) hour at which the sale is to take place;
(f) the amount of money for the levy of which the writ issued.

II.-For II.-In all cases of immovable property the like notice of sale shall be given as
immovable is hereinbefore required in sales of movable property, and the Fiscal, Deputy
property. Fiscal, or other officer shall also cause to be made three copies of the notice
[36,20 of 1977] of sale in the language of the court, and, where the language of the court is
also Tamil, three translations into that language, one of each of which he shall
cause to be posted at the court-house whence the execution issued, in some
conspicuous part of the town or village in which the land is situate, and on
some conspicuous spot on the property for sale, each of which publications
shall be made ten days at the least before such sale takes place.

Advertisement 256. Whenever the property seized under one writ shall exceed the value of five thousand
where property
rupees, the Fiscal, Deputy Fiscal or other officer shall, in addition to the notice hereinbefore
exceeds five
required, advertise the sale thereof, enumerating briefly the goods for sale, the nature and
thousand rupees
situation of the land, and the time and place of the sale, in a local daily newspaper or in such
in value.
other manner as the court may direct having regard to the value of the property and other
[37,20 of 1977]
relevant circumstances; and no such sale shall take place until it shall have been so
advertised once at least twenty days prior to the sale. It shall be lawful to the execution-
creditor or debtor to require the publication of such sale to be made in any newspaper to be
named by him, and all costs and charges attending such advertisements, particulars of which
shall be always given by the Fiscal with his return, shall be paid in advance by the party
requiring such publication.
[Section 257 is repealed by Law No. 20 of 1977]
Proceedings at 258. Every sale shall be held by an officer of the Fiscal, or some other person duly
the sale.
authorized by the Fiscal or Deputy Fiscal by writing under his hand. When the proceeds do
not exceed the sum of seven thousand five hundred rupees, the Fiscal or Deputy Fiscal shall
recover a fee of three per centum on the proceeds actually recovered on return thereof made
to the court in respect of every sale and resale of movable property, and two per centum on
the proceeds of sale of immovable property belonging to the debtor. When the proceeds,
whether of movable or immovable property, exceed that sum, the Fiscal or Deputy Fiscal
shall recover a fee of one hundred and fifty rupees and of five rupees for every thousand
rupees of the proceeds over and above the said sum of seven thousand five hundred rupees.
And in every case after the seizure of property and publication of sale thereof, in which the
sale shall be postponed or stayed at the request or with the concurrence of the party suing
out the writ, the Fiscal or Deputy Fiscal shall recover half of the above fees on the estimated
value of such property from the party at whose instance the writ shall be stayed, and in
default of immediate payment thereof the Fiscal shall certify the amount of such fees to the
court whence the execution issued :
Provided, however, that such fee shall never exceed fifty rupees or the actual expenditure
already incurred by the Fiscal towards carrying out the sale, whichever sum shall be the
larger. The fees recovered under this section shall be brought to account and appropriated in
such manner as the Secretary to the Treasury shall from time to time direct.
Court may in 259.
certain cases
(1) If at any time prior to the sale of immovable property seized in execution
postpone sale.
the judgment-debtor can satisfy the court that there is reason to believe that
the amount of the decree and of any unsatisfied judgment then in force
against him may be raised by mortgage, or lease, or private sale of such
property, or some part thereof, or of any other immovable property of the
judgment-debtor, the court may on his application postpone the sale of such
property for such period as it thinks proper to enable him to raise the amount,
and shall make such order as to the payment of fees and charges due to the
Fiscal as it may deem fit.
(2) In such case the court shall grant a certificate to the judgment-debtor,
authorizing him, within a period to be mentioned therein, and notwithstanding
anything contained in section 238, to make the proposed mortgage, lease, or
sale; Provided that all moneys payable under such mortgage, lease, or sale
shall be paid into court and not to the judgment-debtor ; Provided also that no
mortgage, lease, or sale under this section shall become absolute until it has
been confirmed by the court.

Deposit by 260. On every sale of immovable property under this Chapter the person declared to be the
purchaser.
purchaser shall pay immediately after such declaration, in every case where the price does
not exceed one hundred rupees, the full amount of, but in every other case a deposit of
twenty-five per centum on the amount of his purchase money to the officer conducting the
sale, and in default of such deposit the property shall forthwith be put up again for sale.
Payment in full. 261. Where the price exceeds one hundred rupees the balance amount of the purchase
money shall be paid by the purchaser on or before the thirtieth day after the sale of the
property, or if the thirtieth day be a public holiday, then on the first office day after the thirtieth
day.
Default in 262. In default of payment within the period mentioned in the last preceding section, the
payment,
deposit, after defraying the expenses of the sale, shall be forfeited to, and shall go in
consequence of.
reduction of the claim of, the Judgment-creditor, and the property shall be resold, and the
defaulting purchaser shall forfeit all claim to the property and to any part of the sum for which
it may subsequently be sold.
Fresh notification 263. Every resale of immovable property in default of payment of the purchase money
on resale.
within the period allowed for such payment shall be made after the issue of a fresh
notification in the manner and for the period hereinbefore prescribed for the sale.
Bid by a co- 264. When the property sold in execution of a decree is a share of undivided immovable
sharer.
property, and two or more persons, of whom one is a co-sharer, respectively advance the
same sum at any bidding at such sale, such bidding shall be deemed to be the bidding of
such co-sharer.
Fiscal to satisfy 265 . The Fiscal or other officer conducting any sale of immovable property under this
himself as to bona
Chapter may, before accepting any bid at such sale, satisfy himself as to the bona fides of
fides of bidder.
the bidder, and his ability to pay down the amount of deposit required ; and in the event of
his not being so satisfied may refuse to accept any such bid, and shall continue the sale as if
no such bid had been made.
Deficiency on 266. The second sale, taking place in consequence of such non-payment of balance of
resale to be
purchase money, shall be made in the manner hereinbefore prescribed for the first sale, and
purchaser on
if the amount of the purchase money for which the property is sold at such second sale shall
Fiscal's
fall short of the amount for which the first sale was concluded, then the first purchaser and
certificates.
his sureties, if any, shall be held liable to pay the Fiscal the amount of this difference, and the
Fiscal on non-payment thereof by such purchaser and his sureties within one week after
demand made by him upon them respectively in writing, shall certify the amount of the said
difference to the court whence the execution issued. And the like course shall be observed in
respect of any subsequent sale rendered necessary by failure in payment of the purchase
amount.
On highest bidder 267 . If at the sale of immovable property the highest bidder on being declared the
not making
purchaser shall not forthwith pay down the amount of deposit required, and give good and
deposit, next
sufficient security to the satisfaction of the Fiscal, Deputy Fiscal, or other officer for the
highest may be
payment of the residue, the next highest bidder may be thereupon declared the purchaser,
declared
and required to make such deposit and security as aforesaid ; and in the same manner the
purchaser;
other bidders in rotation ; and each person failing to make such deposit and to give security
difference to be
as aforesaid may be held liable to pay the difference between the amount of his offer and the
paid by highest
sum finally settled at the sale, and the Fiscal, on non-payment thereof by such persons
bidder on Fiscal's
respectively within one week after demand made by him upon them in writing, shall certify
certificate.
the amount of the said difference in each case to the court whence the execution issued:
Provided,-however, that in case of default of the highest bidder, instead of declaring the next
highest bidder purchaser, the officer holding the sale may forthwith put up the property for
sale anew, or adjourn the sale, in which latter case the property shall again be advertised as
before.
Forfeiture of 268. If the price for which the property is finally sold at the second or any subsequent sale
deposit.
is not less than that of the first sale, then the money deposited by the purchaser at the first
and other sales which preceded the final sale shall be paid to the execution-creditor in
satisfaction pro tanto of the judgment; and in the event of such judgment being so satisfied,
and any surplus remaining, such surplus shall, after deducting any expenses consequent on
the sale, be paid to the judgment-debtor.
Differences 269. The differences between the biddings of any person failing to make the deposit and
realized to
give the security required by section 267 and the sum finally settled at any such sale and
augment the
between the amount of the final sale and those of previous sales shall, when realized, be
purchase money.
paid by the Fiscal into the Government Agent's office in augmentation of the purchase money
of the final sale.
The amount 270. The amount certified by the Fiscal to be payable to him for half fees under the
certified by Fiscal
provisions of section 258 and the amounts of the differences certified by the Fiscal and
to be recovered
directed to be reported to the court by sections 266 and 267 shall, in the case of such half
as by execution of
fees at the instance of the Fiscal and in the case of such differences respectively at the
decree. Cost of
instance either of the Fiscal, or of the judgment-creditor, or of the judgment-debtor, be
notice, publication,
recoverable from the persons declared in those sections to be liable to pay the same, in the
or proclamation.
same way as if the certificate were a decree for money passed by the court to which it is
returned against those persons; and the cost (to be fixed by the court) of any notice,
publication, or proclamation required under any of the provisions of this Ordinance to be
given or made by the Fiscal by beat of tom-tom or in any other manner whatsoever, shall in
 every instance, where provision for the payment thereof is not otherwise specially made, be
prepaid by the person at whose instance or in whose interest the same is required.
No officer 271. No officer having any duty to perform in connection with any sale under this Chapter
conducting sale to
shall either by himself or another bid for, acquire, or attempt to acquire any interest in any
bid.
property sold at such sale.
Holder of decree 272 .
may be or
(1) A holder of a decree in execution of which property is sold may, with the
purchase.
previous sanction 01 and subject to such terms as to credit being given him by
the Fiscal and otherwise as may be imposed by the court, bid for or purchase
the property.
And purchase (2) When a decree-holder purchases, the purchase money and the amount
money may be due on the decree may, if the court thinks fit, be set off against one another,
set off against and the court in execution of whose decree the sale is made may enter up
decree. satisfaction of the decree in whole or in part accordingly.

Place of sale of 273. In all cases the sale of immovable property shall be conducted on the spot, unless the
immovable
court shall otherwise direct, or unless on application in writing to the Fiscal or his deputy the
property.
parties shall consent to its being conducted elsewhere.

(2) Of Sales of Movable Property

Sale of a 274. If the property to be sold is a negotiable instrument or a share in any public company
negotiable
or corporation, the court may direct the Fiscal, instead of selling it by public auction, to make
instrument or a
the sale of such instrument or share through a broker at the market rate of the day.
share in any
public company .
Sale of other 275.
movable property.
(1) In the case of other movable property, the price shall be paid at the time of
sale, and in default of payment the property shall forthwith be again put up for
sale.
(2) On payment of the purchase money, the officer holding the sale shall grant
a receipt for the same, and the sale shall become absolute.

What may vitiate 276. No irregularity in publishing or conducting the sale of movable property shall vitiate the
sale.
sale unless substantial damage has been caused to the person impeaching the sale thereby.
Delivery to 277. When the property sold is a negotiable instrument or other movable property of which
purchaser.
actual seizure has been made, the property shall be delivered to the purchaser.
Delivery where 278. When the property sold is any movable property to which the judgment- debtor is
third party is in
entitled, subject to a right of possession of some other person, the delivery thereof to the
possession.
purchaser shall be made by giving notice to the person in possession prohibiting him from
delivering possession of the property to any person except the purchaser.
Delivery of 279. When the property sold is a debt not secured by a negotiable instrument, or is a share
unsecured debt or
in any public company or corporation, the assignment thereof shall be made by a certificate
share.
of sale in favour of the purchaser signed by the Fiscal, who shall forthwith, by a written
notice, prohibit the creditor from receiving the debt or any interest thereon, and the debtor
from making payment thereof to any person except the purchaser, or the person in whose
name the share may be standing from making any transfer of the share to any person except
the purchaser, or receiving payment of any dividend or interest thereon, and the manager,
secretary, or other proper officer of the company from permitting any such transfer or making
any such payment to any person except the purchaser.
Endorsement of 280 .
negotiable
(1) If the endorsement or conveyance of the party in whose name a negotiable
instrument or
instrument or a share in any public company or corporation is standing is
share certificate.
required to transfer such instrument or share, the Judge may endorse the
instrument or the certificate of the share, or may execute such other document
as may be necessary. The endorsement or execution shall be in the following
form or to the like effect:- " A. B. by C. D.. Judge of the District Court of (or as
the case may be), in an action by E. F. against A. B."
 (2) Until the transfer of such instrument or share the court may, by order,
appoint some person to receive any interest or dividend due thereon, and to
sign a receipt for the same; and any endorsement made, or document
executed, or receipt signed as aforesaid, shall be as valid and effectual for all
purposes as if the same had been made, or executed, or signed by the party
himself.

In case of other 281 . In the case of any movable property not hereinbefore provided for, the court may
movable property
make an order and execute such document as may be necessary vesting such property in
court may make
the purchaser, or as he may direct; and such property shall vest accordingly.
vesting order.

(3) Of Sales of Immovable Property

Sale not absolute 282.
until after thirty
(1) The Fiscal shall report to the court every sale of immovable property made
days and
by him or under his direction within ten days after the same shall have been
confirmation by
made. And no sale of immovable property; shall become absolute until thirty
court.
days have elapsed subsequent to the receipt of such report, and until such
sale has been confirmed by the court.
and may be (2) The decree-holder, or any person whose immovable property has been
set aside for sold under this Chapter, or any person establishing to the satisfaction of the
material court an interest in such property, may apply by petition to the court to set
irregularity. aside the sale on the ground of a material irregularity in publishing or
conducting it; but no sale shall be set aside on the ground of irregularity
unless the applicant proves to the satisfaction of the court that he has
sustained substantial injury by reason of such irregularity, and unless the
grounds of the irregularity shall have been notified to the court within thirty
days of the receipt of the Fiscal's report.
(3) In every such application the purchaser shall be made respondent to the
petition.

Order confirming 283.

the sale.
(1) If no such application as is mentioned in the last preceding section is made
within the thirty days, or if such application is made and the objection
disallowed, the court shall at any time after the expiration of the thirty days, on
the application of the decree-holder or of the purchaser, pass an order
confirming the sale as regards the parties to the suit and the purchaser:
Provided that no order confirming the sale shall be made if it appear to the
court that the judgment-debt was satisfied at the time that the writ of execution
issued.
Order setting (2) If such application is made, and if the objection is allowed, the court shall
aside the sale. pass an order setting aside the sale.

When purchaser 284 . The purchaser at any such sale may apply to the court by petition on summary
may apply to set
procedure to set aside the sale, on the ground that the person whose property purported to
aside sale.
be sold had no saleable interest therein, and the court may, on such application, make such
order as it thinks fit:
Provided that both the judgment-debtor and the decree-holder are made respondents to the
petition.
When purchaser 285 .
may get back his
(1) When a sale of immovable property is set aside under sections 282, 283,
purchase money.
or 284, when it is found that the judgment- debtor had no saleable interest in
the property which purported to be sold, and the purchaser is for that reason
deprived of it, the purchaser shall be entitled to receive back his purchase
money from any person to whom the purchase money has been paid.
(2) An order for the repayment of the said purchase money may be made by
the court on any application under sections 282, 283 or 284, provided that the
person against whom the order is directed is party thereto, and such order
may be enforced against such person under the rules provided by this
 Ordinance for the execution of a decree for money.

Conveyance to 286. If the court shall have confirmed the sale and the purchaser shall have paid the full
purchaser.
amount of the purchase money according to the conditions of sale, and shall have supplied
Conveyance to
the Fiscal or Deputy Fiscal with stamps of the proper amount required by law for the
contain sufficient
conveyance of the land sold to him (which stamps he shall be bound to supply when he pays
map of the
the purchase money in full), and if the sale was not effected in execution of a decree
premises.
specifically directing the sale, then the Fiscal or Deputy Fiscal shall forthwith make out and
execute a conveyance in duplicate of the property according to the form No. 56 in the First
Schedule, or such other form, or expressed in such terms, as the court may deem expedient,
which conveyance shall be binding and of force, though not executed before a notary public.
The Fiscal or Deputy Fiscal shall deliver the original to the purchaser and transmit the
duplicate to the Registrar of Lands for the district in which the land is situate, in like manner
as now is or shall be required to be done by notaries in respect of deeds executed before
them; and the Fiscal or Deputy Fiscal shall be entitled to recover for such conveyance-
(a) when the amount of purchase shall be under thirty rupees, a fee of fifty
cents;
(b) when it shall exceed thirty rupees, a fee of one rupee;
(c) when it shall exceed one hundred rupees, a fee of one rupee and fifty
cents;
(d) when it shall exceed two hundred rupees, a fee of two rupees and fifty
cents; and
(e) when it shall exceed five hundred rupees, a fee of three rupees and
seventy-five cents, and no more;

and such fee shall be brought to account and appropriated in such manner as the Secretary
to the Treasury shall direct.
But if the sale was effected in execution of a decree specifically directing the sale, then the
conveyance shall be made in conformity with the directions of the court contained in the
decree:
Provided, however, that to all conveyances made by the Fiscal to complete a sale effected in
execution of a decree of court, in the event of there being no diagram or map of the premises
which are the subject of the conveyance already appended to a title deed thereof delivered to
the purchaser there shall, if the purchaser so requires but not otherwise, be annexed a
sufficient map exhibiting, when possible, some permanent physical feature of the ground; and
the purchaser shall pay in advance the expense of preparing it in addition to the fee
prescribed for the conveyance. Such diagram or map shall be prepared by a competent
surveyor licensed by the Fiscal or Deputy Fiscal for that purpose, and such surveyor shall be
an officer of the Fiscal within the meaning of section 325, and shall for the purposes of the
Penal Code be deemed to be a public officer.
Court may order 287.
delivery of
(1) When the property sold is in the occupancy of the judgment-debtor or of
possession to
some person on his behalf, or of some person claiming under a title created
purchaser.
by the judgment-debtor subsequently to the seizure of such property, and a
conveyance in respect thereof has been made to the purchaser under section
286, the court shall on application by the purchaser, order delivery to be made
by putting the purchaser or any person whom he may appoint to receive
delivery on his behalf in possession of the property, and, if need be, by
removing any person bound by the decree who refuses to vacate the same.
Order how to (2) An order for delivery of possession made under this section may be
be enforced. enforced as an order falling under head (C) section 217, the purchaser being
considered as judgment-creditor.

Mode of delivery 288 . When the property sold is in the occupancy of a tenant or other person entitled to
where property is
occupy the same, and a conveyance in respect thereof has been made to the purchaser
in occupancy of
under section 286, the court shall order delivery thereof to be made by affixing a notice of the
person entitled to
sale having taken place, in the language of the court, and, where the language of the court is
occupy.
also Tamil, in that language, in some conspicuous place on the property, and proclaiming to
the occupant by beat of tom- tom, or in such other mode as may be customary, at some
convenient place, that the interest of the judgment-debtor has been transferred to the
 purchaser, and the cost (to be fixed by the court) of such proclamation shall in every case be
prepaid by the purchaser.
Right and title of 289. The right and title of the judgment- debtor or of any person holding under him or
judgment-debtor
deriving title through him to immovable property sold by virtue of an execution is not divested
not divested by
by the sale until the confirmation of the sale by the court and the execution of the Fiscal's
sale till
conveyance, But if the sale is confirmed by the court and the conveyance is executed in
confirmation and
pursuance of the sale, the grantee in the conveyance is deemed to have been vested with
execution of
the legal estate from the time of the sale.
Fiscal's
conveyance.
Fiscal may enter 290. The Fiscal, on the day of the sale. or at any time thereafter until the confirmation of the
property sold.
sale by the court and the execution of the Fiscal's conveyance may at his discretion, and if
provided with the necessary funds therefor by the purchaser or by the judgment-creditor, or
debtor, himself or by his agent duly authorized in writing enter into possession of the
immovable property sold by virtue of the execution, and retain possession of the same until
the confirmation of the sale by the court and the execution of the conveyance in pursuance
thereof.
Person in 291. The person in possession of immovable property sold by virtue of an execution may,
possession may
until the confirmation of the sale by the court and the execution of the Fiscal's conveyance,
use and enjoy
use and enjoy the same as follows, without being chargeable with committing waste;-
until confirmation
(1) He may use it and enjoy it in like manner and for the like purposes as it
of sale.
was used and enjoyed before the sale, doing no permanent injury to the
property.
(2) He may make the necessary repairs to a building or other erection
thereupon. But this provision does not permit an alteration in the form or
structure of the building or other erection.
(3) He may use and improve the land in the ordinary course of husbandry, and
may collect, gather, harvest, and store the crops and produce thereof, but
shall not be entitled to them.
(4) He may apply any wood or timber on the land to the necessary reparation
of a fence, building, or other erection which was thereupon at the time of the
sale.

On confirmation 292. On the sate being confirmed by the court and the conveyance executed in pursuance
and execution of
of the sale, the Fiscal or person in possession of the immovable property sold shall forthwith
conveyance,
give possession of the same, together with all the crops and produce (if any) collected,
Fiscal to deliver
gathered, harvested, and stored subsequent to the sale, to the grantee in the conveyance ;
possession to
and if the sale is not confirmed, the Fiscal or his agent shall forthwith, if in possession, restore
grantee.
the judgment-debtor or any person holding under him to possession of the immovable
property together with all the crops and produce (if any) collected, gathered, harvested, and
stored whilst the Fiscal or his agent was in possession.
Judgment-debtor 293 . If at any time before the execution of the Fiscal's conveyance the judgment- debtor, or
may be restrained
any other person in possession of the property sold, commits, or threatens to commit, or
from waste.
makes preparations for committing waste thereupon, the court from which execution issued
may, upon the application of the purchaser or his agent or attorney, and proof by affidavit of
the facts, grant, without notice, an order restraining the wrongdoer from committing waste
upon the property.
Punishment for 294. If the person against whom such an order is granted commits waste in violation thereof
committing waste.
after the service upon him of the order, the court, upon proof by affidavit of the facts, may
grant an order requiring him to show cause at a time and place therein specified why he
should not be punished for a contempt.
And for 295. If upon the return of the order to show cause it satisfactorily appears that the person
disobeying order.
required to show cause has violated the former order, the court may punish him in manner
provided by law for the punishment of contempt of court.

Moneys paid to. and realized by, the Fiscal

Mode of payment 296. Whenever any person, whether acting for himself or as an attorney-at-law for any
to court by
 other person, has occasion to pay any sum of money into any court to the credit of any case,
attorneys-at-
he shall deposit such sum of money to the credit of such case in the appropriate bank
attorneys-at- law
account.
and other
persons.
[39,20 of 1977]
Mode of payment 297.
to court by Fiscal.
(1) Whenever the Fiscal receives or realizes a sum of money in the course of
[39,20 of 1977]
the execution of a decree or otherwise, he shall issue a receipt for "such sum
to the person making payment, and shall forthwith deposit such sum of money
to the credit of such case in the appropriate bank account.
(2) In this and the preceding section "appropriate bank account" means the
bank account of the court to whose credit or under whose authority such
money is paid, received, or realized.

Arrest and Imprisonment

Issue of warrant 298.
for arrest of
(1) Where, after the issue of a writ for the execution of a decree for the
debtor execution
payment of money, the court is satisfied on the application of the judgment-
of decree for
creditor, after such inquiry as the court may deem necessary, that the
money.
judgment-debtor-
(a) is about to abscond or leave the jurisdiction of the court with
intent to defraud the judgment-creditor or with intent to obstruct or
delay the execution of the decree ; or
(b) is about to leave Sri Lanka under circumstances affording
reasonable probability that the judgment-creditor will thereby be
obstructed or delayed in the execution of the decree; or
(c) has, on or after the date of the institution of the action in which
the writ of execution was issued, concealed, transferred or
removed his property or any part thereof with intent to defraud the
judgment-creditor or with intent to obstruct or delay the execution
of the decree, or has, on or after such date, committed with the
like intent any act of bad faith in relation to his property; or
(d) has been guilty of any act whereby any creditor, other than
the judgment-creditor at whose instance the writ of execution was
issued, has been given any undue, unreasonable or fraudulent
preference; or
(e) has, at any time since the date of the decree, had sufficient
means to pay the amount of the decree, or any part of that
amount, and has refused or neglected to pay such amount or part
thereof; or
(f) being a trustee or person acting in any other fiduciary capacity,
has, when ordered to pay by a court, made default in the
payment of any sum in his possession or under his control, the
court may, subject to the other provisions of this Chapter, issue a
warrant for the arrest of the judgment-debtor and for his
production in court with a view to his committal to jail in execution
of the decree.

(2) A decree for the payment of costs only shall, for the purposes of the
application of the provisions of subsection (1), be deemed to be a decree for
the payment of money.

Issue of notice on 299 . The court may, in its discretion, instead of issuing a warrant under section 298, issue a
debtor as
notice on the judgment-debtor calling upon him to show cause, on a date to be specified in
alternative to
the notice, why he should not be committed to jail in execution of the decree referred to in
warrant.
that section.
Application for 300. Every application under section 298 shall be made by petition supported by affidavit;
warrant to be
and it shall not be necessary to name the judgment-debtor as respondent to any such
made by petition
application.
and affidavit.
No arrest for sum 301 . No warrant under section 298 or notice under section 299 shall be issued in decree
under Rs. 1,500.
inclusive of interest, if any, up to the date of the decree but exclusive of any further interest
[40,20 of 1977]
and of costs, is less than one thousand five hundred rupees.
Woman not liable 302 . No warrant under section 298 or notice under section 299 shall be issued where the
to arrest in
judgment-debtor is a woman; and no woman shall be arrested or committed to jail in
execution.
execution of any decree for the payment of money or of costs.
Warrant to issue 303 . Where a judgment-debtor to whom a notice under section 299 has been issued fails to
where debtor fails
appear on the day specified in the debtor fails notice, the court may issue a warrant for his
appear on notice.
arrest.
Execution of 304. Subject to the provisions of Chapter XXIII, a judgment-debtor for whose arrest a
warrant of arrest.
warrant has been issued under section 298 or section 303 may be arrested at any hour, and
on any day, and in any place, and shall thereupon, as soon as practicable, be brought before
the court,
Officer effecting 305 . Where a judgment-debtor who has been arrested on a warrant pays the amount of the
arrest to release
decree in execution of which he is arrested, and the costs of the arrest, to the officer
debtor on
arresting him, such officer shall at once release him from custody.
payment of
amount of decree
and costs of
arrest.
Discharge of 306. Where a judgment-debtor is brought before the court after arrest on a warrant or
debtor where
appears in court in pursuance of a notice issued under section 299, and either-
amount of decree
(a) pays into court the amount of the decree and, if he has been brought
and costs of
before the court under a warrant, the costs of the arrest, or
arrest paid into
(b) gives security for the payment of the same to the satisfaction of the
court.
judgment-creditor,

The court shall release him from arrest or discharge him from such notice, as the case may
be. If such payment is not made or if such security is not given, the court shall call upon the
judgment-debtor to show cause why he should not be committed to jail.
Debtor who has 307 . Where the judgment-debtor, on being called upon to show cause under section 306,
no cause to show
has no cause to show, the court shall commit him to jail.
to be discharged
or committed to
Jail.
Debtor who has 308 . Where the Judgment-debtor, on being called upon to show cause under section 306,
cause to show to
proves to the satisfaction of the court-
be discharged or
(a) that any material allegation of fact, made in the affidavit of the judgment-
committed to Jail
creditor or given in evidence before the court prior to the issue of the warrant
after inquiry.
or notice, in consequence of which such warrant or notice was issued, was
untrue or incorrect; or
(b) that for any other reason the warrant or notice should not have been
issued, or was irregularly issued in the first instance ;

he shall, if under arrest, be released or, if he has appeared on notice, be discharged from
such notice; but if he fails or is unable to furnish such proof the court shall commit him to jail.
Provided that if, on the date on which the Judgment-debtor is brought or appears before the
court, the court is satisfied that a warrant for the arrest of the judgment-debtor may be issued
on any ground other than that on which the warrant or notice was issued in the first instance,
the court may commit the judgment-debtor to jail.
Written statement 309 . Where a judgment-debtor contends that any material allegation of fact, made in the
to be filed by
affidavit of the judgment-creditor or given in evidence before the court prior to the issue of
debtor who
the warrant or notice, is untrue or incorrect, he shall file in court a written statement specifying
desires to show
which of the allegations in such affidavit or in such evidence is impugned as untrue or
cause.
incorrect; and where a judgment-debtor contends that the warrant or notice should not have
been issued or was irregularly issued, he shall file in court a written statement of the grounds
 on which such contention is based.
Debtor to be 310.
committed to jail
(1) Where the judgment-debtor desires to show cause why he should not be
or to give security
committed to jail, the court may appoint a date for an inquiry and may,
for appearance
pending such inquiry, order the judgment-debtor to be detained in prison or
pending inquiry.
take sufficient security from him that he will appear in court when called upon.
(2) A judgment-debtor who is not detained in prison pending the inquiry may
be arrested on a warrant issued by the court at any time for the purposes of
such inquiry or with a view to his committal to jail.
(3) The inquiry referred to in subsection (1) may be adjourned from time to
time by order of the court.

Issue of warrant 311 . Where a judgment-debtor is committed to Jail, the court shall issue a warrant
of committal to
substantially in the form No. 61 m the First Schedule.
jail.
Debtor discharged 312 . Where a judgment-debtor has been released after arrest on a warrant or discharged
under section 306
from a notice under section 306 or section 308, no further proceedings shall be taken as
or section 308 not
hereinbefore provided with a view to the committal to jail of that judgment-debtor in execution
to be rearrested.
of the decree in respect of which such warrant or notice was issued.
Sufficient interim 313 . No judgment-debtor shall be arrested in execution of a decree unless and until the
subsistence
decree-holder pays into court such sum as the Judge thinks sufficient for the subsistence of
money to be
the judgment-debtor from the time of his arrest until he can be brought before the court, and,
deposited before
where the writ is to be executed in another district, such further sum as the Judge thinks
arrest.
sufficient to cover the expenses of his transport to the court issuing the writ.
Subsistence 314. And when a judgment-debtor is committed to jail in execution of a decree, the court
allowance during
shall fix for his subsistence such monthly allowance as he may be entitled to at rates to be
imprisonment to
fixed by order of Government from time to time, as occasion shall require,
be fixed on
commitment.
Allowance to be 315 .
paid monthly in
(1) The monthly allowance fixed by the court shall be supplied to the Fiscal by
advance.
the party on whose application the decree has been executed by monthly
payments in advance before the first day of each month.
(2) The first payment shall be made for such portion of the current month as
remains unexpired before the judgment-debtor is committed to jail.

Power to vary 315A .

allowance or
(1) Where a judgment-debtor who has been committed to jail is, with the
additional
approval of the Commissioner of Prisons, either given any special diet on
payments.
medical advice or admitted to any hospital for examination or treatment, and
the monthly allowance fixed under section 314 for the subsistence of that
judgment-debtor is insufficient to meet the cost of such special diet,
examination or treatment, the court may by order, on application made by the
Fiscal, and after hearing such representations as may be made by the party
on whose application the decree has been executed and such other evidence
as the court may deem necessary-
(a) vary the monthly allowance fixed under section 314, and
specify the period during which the allowance so varied shall be
payable, or
(b) fix such additional sum as may, in the opinion of the court, be
necessary to meet the cost of such examination or treatment in
hospital and all expenses incidental thereto or connected
therewith, and may specify in that order the time and manner of
payment of such additional sum.

(2) Any order made by the court under subsection (1) may at any time be
varied or cancelled by the court by a further order, on application made by the
Fiscal or by the party on whose application the decree has been executed,
and after such inquiry as the court may deem necessary.
 (3) The provisions of section 315 shall apply to the monthly allowance as
varied under this section, in like manner as those provisions apply to the
monthly allowance originally fixed by the court.
(4) Any additional sum for the payment of which an order is made under this
section shall be supplied to the Fiscal by the party on whose application the
decree has been executed, in the manner and at the time specified in the
order of the court.

Disbursements by 316 . Sums of money disbursed by the decree-holder under section 315 or section 315A
decree holder to
shall be deemed to be costs in the action:
be deemed costs.
Provided that the judgment-debtor shall not be detained in jail or arrested on account of any
sum so disbursed ;
Provided further, that where at the time of the discharge of the judgment-debtor from jail
there remains any unexpended balance out of the sum so disbursed, such balance shall be
repaid by the Fiscal to the decree-holder and shall not be deemed to be costs in the action.
When debtor 317.
entitled to be
(1) The judgment-debtor shall be discharged from jail-
discharged from
(a) on the decree being fully satisfied ; or
jail.
(b) at the request of the person on whose application he has been
imprisoned ; or
(c) on such person omitting to pay the allowance as hereinbefore
directed ; or
(d) if the Judgment-debtor be declared an insolvent, and an order
in insolvency is made by the District Court protecting him from
arrest; or
(e) when the term of his imprisonment as limited by section 318 is
fulfilled :
Provided that in the first, second, third, and fourth cases
mentioned in this subsection the judgment-debtor shall not be
discharged without the order of the court.

(2) A judgment-debtor discharged under this section is not thereby discharged

from his debt, but he cannot be rearrested under the decree in execution of
which he was imprisoned.

Limit of 318. No person shall be imprisoned in execution of a decree for a longer period than six
imprisonment.
months.
Endorsement on 319. The Fiscal shall endorse upon the warrant of arrest the day on and the manner in
the warrant.
which it was executed, and if the latest day specified in the warrant for the return thereof has
been exceeded, the reason of the delay; or if it was not executed, the reason why it was not
executed, and shall return the warrant with such endorsement to the court.

(B) DECREES FOR DELIVERY OF MOVABLE PROPERTY

Application for 320. If the decree is for any specific movable or for any share in a specific movable,
execution of
application to the court for execution of the decree by seizure and delivery may be made by
decree for delivery
the judgment- creditor in the manner and according to the rules prescribed for execution of
of movable
decrees under head (A) so far as the same are applicable; and if the court on such
properly, how to
application is satisfied that the judgment- creditor is entitled to obtain execution of the decree,
be made. Form of
it shall direct a writ of execution to issue to the Fiscal in the form No. 62 in the First Schedule.
writ.
Fiscal to procure 321 .
delivery
(1) Upon receiving the writ the Fiscal or his officer shall as soon as reasonably
thereunder.
may be repair to the dwelling house or place of residence of the judgment-
debtor, and there showing him the writ shall demand delivery of the movable
or, if practicable, the share thereof specified therein, and on his failing to
comply with his demand, the Fiscal or his officer shall, if possible, seize the
said specific movable or share thereof, and deliver the same to the Judgment-
creditor or to the person authorized by him to receive it.
 Procedure on (2) If the judgment-debtor fails to comply with the Fiscal's demand, and if the
default. Fiscal is unable to obtain for the judgment-creditor delivery of the specific
movable or share thereof mentioned in the writ, then the court upon being
satisfied of these facts may, on application made to it by the judgment-creditor
by petition, to which the judgment-debtor is made respondent, direct a writ of
execution by seizure and sale of the judgment-debtor's property, or a warrant
for the arrest of the judgment-debtor, or both, to issue to the Fiscal.

Amount to be 322. The amount of money directed to be levied in the writ of execution by seizure and sale
leveled and
issuing under the preceding section shall be the amount of pecuniary loss as nearly as the
manner of
court can estimate it, which is occasioned to the Judgment-creditor by reason of the
execution.
judgment-debtor's default in making delivery of the specific movable or share thereof
according to the terms of the decree, and which the court shall award by way of
compensation to the judgment-creditor by the order directing the writ to issue ; and the
execution of this writ, and of the warrant of arrest issuing under the same section, shall be
effected according and subject to the rules prescribed for the writ of execution and warrant of
arrest issued for the enforcement of decrees falling under head (A).

(C) DECREES FOR POSSESSION OF IMMOVABLE PROPERTY

Application for 323. If the decree or order is for the recovery of possession of immovable property or any
execution of
share thereof by the judgment-creditor, or if it directs the judgment-debtor to yield or deliver
decree for delivery
up possession thereof to the judgment-creditor, application to the court for execution of the
of immovable
decree may be made by the judgment-creditor in the manner, and according to the rules,
property, how to
prescribed for execution of decrees under head (A), so far as the same are applicable; and if
be made. Form of
the court on such application is satisfied that the judgment-creditor is entitled to obtain
writ.
execution of the decree, it shall direct a writ of execution to issue to the Fiscal in the form No,
63 in the First Schedule.
Fiscal how to 324.
proceed
(1) Upon receiving the writ the Fiscal or his officer shall as soon as reasonably
thereunder.
may 'be repair to the ground, and there deliver over possession of the
property described in the writ to the judgment-creditor or to some person
appointed by him to receive delivery on his behalf, and if need be by removing
any person bound by the decree who refuses to vacate the property:
Provided that as to so much of the property, if any, as is in the occupancy of a
tenant or other person entitled to occupy the same as against the judgment-
debtor, and not bound by the decree to relinquish such occupancy, the Fiscal
or his officer shall give delivery by affixing a copy of the writ in some
conspicuous place on the property and proclaiming to the occupant by beat of
tom-tom, or in such other mode as is customary, at some convenient place,
the substance of the decree in regard to the property; and
Provided also that if the occupant can be found, a notice in writing containing
the substance of such decree shall be served upon him, and in such case no
proclamation need be made.
(2) The cost (to be fixed by the court) of such proclamation shall in every case
be prepaid by the judgment-creditor.

Resistance to Execution of Proprietary Decrees

Procedure in 325.
event of
(1) Where in the execution of a decree for the possession of movable or
resistance to
immovable property the Fiscal is resisted or obstructed by the judgment-
execution of writ
debtor or any other person, or where after the officer has delivered
or delivery of
possession, the judgment-creditor is hindered or ousted by the judgment-
property.
debtor or any other person in taking complete and effectual possession
[41,20 of 1977]
thereof, and in the case of immovable property, where the judgment-creditor
has been so hindered or ousted within a period of one year and one day, the
judgment-creditor may at any time within one month from the date of such
resistance or obstruction or hindrance or ouster, complain thereof to the court
by a petition in which the Judgment-debtor and the person, if any, resisting or
 obstructing or hindering or ousting shall be named respondents. The court
shall thereupon serve a copy of such petition on the parties named therein as
respondents and require such respondents to file objections, if any, within
such time as they may be directed by court.
[9,53 of 1980] (2) When a petition under subsection (1) is presented, the court may, upon the
application of the judgment-creditor made by motion ex parte, direct the Fiscal
to publish a notice announcing that the Fiscal has been resisted or obstructed
in delivering possession of such property, or that the judgment-creditor has
been hindered in taking complete and effectual possession thereof or ousted
therefrom, as the case may be, by the judgment-debtor or other person, and
calling upon all persons claiming to be in possession of the whole or any part
of such property by virtue of any right or interest and who object to
possession being delivered to the judgment-creditor to notify their claims to
court within fifteen days of the publication of the notice-
(3) The Fiscal shall make publication by affixing a copy of the notice in the
language of the court, and, where the language of the court is also Tamil, in
that language, in some conspicuous place on the property and proclaiming in
the customary mode or in such manner as the court may direct, the contents
of the notice. A copy of such notice shall be affixed to the court-house and if
the court so orders shall also be published in any daily newspaper as the court
may direct,
[13,79 of 1988] (4) Any person claiming to be in possession of the whole of the property or
part thereof as against the judgment- creditor may file a written statement of
his claim within fifteen days of the publication of the notice on such property,
setting out his right or interest entitling him to the present possession of the
whole property or part thereof and shall serve a copy of such statement on the
judgment-creditor. The investigation into such claim shall be taken up along
with the inquiry into the petition in respect of the resistance, obstruction,
hindrance or ouster complained of, after due notice of the date of such
investigation and inquiry has been given to all persons concerned. Every such
investigation and inquiry shall be concluded within sixty days of the publication
of the notice referred to in subsection (2).

Punishment of 326.
person
(1) On the hearing of the matter of the petition and the claim made, if any, the
obstructing.
court, if satisfied-
[10,53 of 1980]
(a) that the resistance, obstruction, hindrance or ouster
complained of was occasioned by the. judgment-debtor or by
some person at his instigation or on his behalf;
[14,79 of (b) that the resistance, obstruction, hindrance or ouster
1988]
complained of was occasioned by a person other than the
judgment-debtor, and that the claim of such person to be in
possession of the property, whether on his own account or on
account of some person other than the judgment-debtor, is not in
good faith; or
(c) that the claim made, if any, has not been established, shall
direct the judgment-creditor to be put into or restored to the
possession of the property and may, in the case specified in
paragraph (a), in addition sentence the judgment-debtor or such
other person to imprisonment for a period not exceeding thirty
days,

[41,20 of 1977] (3) The court may make such order as to the costs of the application, the
charges and expenses incurred in publishing the notice and the hearing and
the reissue of writ as the court shall deem meet.

If resistance be 327. Where the resistance , obstruction , hindrance or ouster is found by court to have been
made by bona fide
occasioned by any person other than the judgment-debtor, claiming in good faith to be in
claimant in
possession of the whole of such property on his own account or on account of some person
possession, court
other than the judgment-debtor by virtue of any right or interest, or where the claim notified is
to dismiss the
 found by the court to have been made by a person claiming to be in possession of the whole
petition.
of such property on his own account or on account of some person other than the judgment-
[41,20 of 1977]
debtor, by virtue of any right or interest, the court shall making order dismissing the petition, if
[15,79 of 1988]
it finds that such right or interest has been established.
Where claim is 327A . Where any claim is established only to a share of any property, it shall be
established only
competent for the court in any order made under the preceding sections, to direct that the
to a share of the
judgment-creditor be put into, or restored, to, possession of the share of the property to
property.
which no claim has been established.
[16,79 of 1988]
Court shall 328. Where any person other than the judgment-debtor or a person in occupation under
investigate dispute
him is dispossessed of any property in execution of a decree, he may, within fifteen days of
if bona fide
such dispossession, apply to the court by petition in which the judgment-creditor shall be
claimant be
named respondent complaining of such dispossession. The court shall thereupon serve a
dispossessed in
copy of such petition on such respondent and require such respondent to file objections, if
effecting the
any, within fifteen days of the service of the petition on him. Upon such objections being filed
execution.
or after the expiry of the date on which such objections were directed to be filed, the court
[41,20 of 1977]
shall, after notice to all parties concerned, hold an inquiry. Where the court is satisfied that
[17,79 of 1988]
the person dispossessed was in possession of the whole or part of such property on his own
account or on account of some person other than the judgment-debtor, it shall by order direct
that the petitioner be put into possession of the property or part thereof, as the case may be.
Every inquiry under this section shall be concluded within sixty days of the date fixed for the
filing of objections.
Effect of order 329. No appeal shall lie from any order made under section 326 or section 327 or section
made under
328 against any party other than the judgment-debtor. Any such order shall not bar the right
section 326 or
of such party to institute an action to establish his right or title to such property.
section 327 or
section 328.
How subsequent 330 . Any subsequent resistance or obstruction to the execution of the writ or hindrance to
obstruction to be
the possession or ouster of the judgment-creditor within a year and a day of the delivery of
dealt with.
possession -
[11,53 of 1980]
(a) by the judgment-debtor or any other respondent to the petition under
section 325, or
(b) where a notice under subsection (2) of section 325 has been duly
published, by any person whosoever, shall be punishable as a contempt of
court.

DECREES FOR EXECUTION OF CONVEYANCE OR TRANSFER

OF PROPERTY
Application for 331. If the decree is for the execution of a conveyance, or for the endorsement of a
enforcement of
negotiable instrument, and the judgment- debtor neglects or refuses to comply with the
decree for
decree, the decree-holder may prepare the draft of a conveyance or endorsement in
execution of any
accordance with the terms of the decree, and apply to the court by petition, not naming a
conveyance, how
respondent, to have the said draft served on the judgment-debtor.
to be made.
Service of the 332.
draft conveyance
(1) The court shall thereupon cause the draft and a copy of the petition to be
on judgment-
served on the judgment-debtor in manner hereinbefore provided for serving a
debtor. Objections
summons, together with a notice in writing stating that his objections, if any,
to draft.
thereto, shall be made within such time (mentioning it) as the court fixes in this
behalf, and will come on before the court to be considered and determined on
a day to be named in the notice for that purpose.
(2) The decree-holder may also tender a duplicate of the draft to the court for
execution, supplying a stamp of the proper amount if a stamp is required by
law.
(3) On proof of such service the court, or such officer as it appoints in this
behalf, shall on the day appointed for the consideration of objections, if no
objections are made, proceed to execute the duplicate so tendered, or may, if
necessary, alter the same, so as to bring it into accordance with the terms of
 the decree, and execute the decree so altered. But in the event of the
judgment-debtor or any other party on that day objecting to the draft so
served, provided the objections have been stated in writing and filed within the
time fixed therefor, the court shall proceed to hear and determine such
objections, and shall thereupon pass such order as it thinks fit, and execute,
or alter and execute, the duplicate in accordance therewith.

Execution of the 333. The execution of a conveyance or the endorsement of a negotiable instrument by the
conveyance by
court under the last preceding section may be in the following form: "C. D., Judge of the court
the court.
of (as the case may be), for A. B., in an action by E. F. against A. B.", or in such other form
as the Supreme Court may from time to time prescribe, and shall have the same effect as the
execution of the" conveyance or endorsement of the instrument by the party ordered to
execute or, endorse the same, and such conveyance shall be binding and of force though not
executed before a notary public. And the court shall deliver the original of such conveyance
to the decree-holder, and shall transmit the duplicate to the Registrar of Lands for the district
in which the land is situate, in like manner as now is or shall be required to be done by
notaries in respect of deeds executed before them.
Meaning of 333A . In sections 331, 332, and 333 the expression conveyance " includes " contract or
conveyance m
other document".
section 331 332,
and 333.

(E) & (F) MANDATORY AND RESTRAINING DECREES

Application for 334. When a decree or order falling under either of the heads (E) or (F) has been passed,
enforcement of
and the judgment-debtor has had an opportunity of obeying the decree or order, but has
decrees, how to
wilfully failed to obey it, application to the court for execution or enforcement of the decree or
be made. Court
order may be made by the judgment-creditor by petition to which the judgment-debtor shall
may issue writ of
be made respondent; and which shall set out the damage, if any, caused to the judgment-
execution by
creditor by the disobedience of the judgment-debtor to the decree or order. And if the court
seizure and sale.
on the hearing of such application is satisfied that the judgment- creditor is entitled to obtain
execution or enforcement of the decree or order, it shall direct a writ of execution by seizure
and sale of the judgment-debtor's property, or a warrant for the arrest of the judgment-
debtor, or both, to issue to the Fiscal.
Amount to be 335. The amount of money directed to be levied on the writ of execution issuing under the
levied under writ.
preceding section shall be the amount of pecuniary loss, if any, as nearly as the court can
estimate it, which is occasioned to the judgment-creditor by reason of the judgment-debtor's
default in obeying the decree or order, and which the court shall award by way of
compensation to the judgment-creditor by the order directing the writ to issue. And the
execution of this writ and of the warrant of arrest issuing under the same section shall be
effected according, and subject, to the rules prescribed for the writ of execution and warrant
of arrest issued for the enforcement of decrees falling under head (A).

GENERAL PROVISIONS
Discretion of court 336 . The court may in its discretion refuse to issue execution at the same time against the
to issue
person and property of the judgment-debtor in cases when the judgment-creditor is entitled
execution.
to apply for both simultaneously.
When subsequent 337 .
application may
(1) No application (whether it be the first or a subsequent application) to
be made for
execute a decree, not being a decree granting an injunction, shall be granted
execution of
after the expiration of ten years from -
decree partly sat
(a) the date of the decree sought to be executed or of the decree,
is tied.
if any, on appeal affirming the same; or
[12,53 of 1980]
(b) where the decree or any subsequent order directs the
payment of money or the delivery of property to be made on a
specified date or at recurring periods, the date of the default in
making the payment or delivering the property in respect of which
the applicant seeks to execute decree.
 (2) Nothing in this section shall prevent the court from granting an application
for execution of a decree after the expiration of the said term of ten years,
where the judgment-debtor has by fraud or force prevented the execution of
the decree at some time within ten years immediately before the date of the
application.
[12,53 of 1980] (3) Subject to the provisions contained in subsection (2), a writ of execution, if
unexecuted, shall remain in force for one year only from its issue, but -
(a) such writ may at any time, before its expiration, be renewed
by the judgment-creditor for one year from the date of such
renewal and so on from time to time ; or
(b) a fresh writ may at any time after the expiration of an earlier
writ be issued,

till satisfaction of the decree is obtained

Application by one 338 .

of several decree-
(1) If a decree has been passed jointly in favour of more persons than one,
holders for
any one or more of such persons, or his or their legal representatives, may
execution of the
apply for the execution of the whole decree for the benefit of them all, or,
decree for the
where any of them has died, for the benefit of the survivors and those
benefit of all.
claiming under the deceased. The application for this purpose shall be made
by petition to which the co-decree-holders or their representatives as well as
the judgment-debtor shall be respondents.
[42,20 of 1977] (2) If the court sees sufficient cause for allowing the decree to be executed on
an application so made, it shall pass such order as it deems necessary for
protecting the interests of the persons who have not Joined in the application.
(3) For the purposes of this Chapter-
(a) "estate" means the gross value of the estate of the deceased ;
and
[2,14 of (b) " legal representative" means an executor or administrator or
1993]
in the case of an estate below the value of five hundred thousand
rupees, the next of kin who have adiated the inheritance:
Provided, however, that in the event of any dispute arising as to
who is the legal representative, the provisions of section 397
shall, mutatis mutandis, apply.

Application by 339.
assignee of a
(1) If a decree is transferred by assignment in writing or by operation of law
decree for
from the decree-holder to any other person, the transferee may apply for its
execution thereof,
execution by petition, to which all the parties to the action or their
how to be made.
representatives shall be made respondents, to the court which passed it, and
if on that application that court thinks fit, the transferee's name may be
substituted for that of the transferor in the record of the decree, and the
decree may be executed in the same manner and subject to the same
conditions as if the application were made by such decree-holder:
Provided that where the decree has been transferred by operation of law, the
transferor need not be made respondent to the petition;
Provided also that where a decree against several persons has been
transferred to one of them, it shall not be executed against the others.
(2) In the case where one decree of court is seized in execution of another
decree, the judgment-creditor of the second decree is in the situation of
assignee of the judgment-creditor of the decree which is seized, provided the
latter person is identical with the judgment-debtor of the decree in execution of
which the seizure is made.

Transferee bound 340. Every transferee of a decree shall hold the same subject to the equities (if any) which
by equities.
the judgment-debtor might have enforced against the original decree-holder.
Legal 341.
representative of
(1) If the judgment-debtor dies before the decree has been fully executed, the
deceased debtor,
holder of the decree may apply to the court which passed it, by petition, to
how made liable.
which the legal representative of the deceased shall be made respondent, to
execute the same against the legal representative of the deceased.
[19,79 of 1988] (1A) On an application made under subsection (1), the court shall enter the
name of the legal representative on the record in place of the name of the
deceased and shall proceed to determine the application for execution; and
and extent of (2) Such representative shall be liable only to the extent of the property of the
liability. deceased which has come to his hands and has not been duly disposed of;
and for the purpose of ascertaining such liability, the court executing the
decree may on the application of the decree-holder compel the said
representative to produce such accounts as it thinks fit.
[19,79 of 1988] (3) If the judgment-creditor dies before the decree has been fully executed,
the legal representative may apply to the court to have his name entered on
the record in place of the deceased and the court shall thereupon enter his
name on the record.

Fiscal may 342. The Fiscal may in his discretion adjourn a sale:
adjourn sale.
Provided that the date to which the sale is adjourned is published in the same manner as was
the original notice of sale; and
Provided also that he report to the court in his return to the writ of execution, or sooner, the
cause for which the adjournment was made.
Stay of 343.
proceedings
(1) The court may for sufficient cause stay execution proceedings at stage
adjournment of
thereof, and make order for adjournment of a sale.
sale by court.
(2) The application to the court to stay proceedings shall be made by petition,
to which all persons interested in the matter of the execution shall be made
parties, and no such order shall be made until after payment of all Fiscal's
fees then due.

All questions 344. All questions arising between the parties to the action in which the decree was
arising in
passed, or their legal representatives, and relating to the execution of the decree, shall be
execution to be
determined by order of the court executing the decree, and not by separate action.
determined by
order of court and
not by separate
action.
Procedure where 345 .
there are cross
(1) If cross decrees between the same parties for the payment of money be
decrees between
produced to the court, execution shall be taken out only by the party who
the parties.
holds a decree for the larger sum, and for so much only as remains after
deducting the smaller sum, and satisfaction for the smaller sum shall be
entered on the decree for the larger sum as well as satisfaction on the decree
for the smaller sum.
(2) If the two sums be equal, satisfaction shall be entered up on both decrees.

Explanation
1.-The decrees contemplated by this section are decrees capable
of execution at the same time and by the same court.
Explanation
2.-This section applies where either party is an assignee of one of
the decrees and as well in respect of judgment-debts due by the
original assignor as in respect of judgment-debts due by the
assignee himself.
Explanation
3.-This section does not apply unless- (a) the decree-holder in one
of the actions in which the decrees have been made is the
judgment-debtor in the other and each party fills the same
character in both actions, and (b) the sums due under the decrees
are definite and unconditional.
 Illustrations
(a) A holds a decree against B for one thousand rupees. B holds a
decree against A for the payment of one thousand rupees in case
A fails to deliver certain goods at a future day. B cannot treat his
decree as a cross decree under this section.
(b) A and B, co-plaintiffs, obtain a decree for one thousand rupees
against C; and C obtains a decree for one thousand rupees against
B. C cannot treat his decree as a cross decree under this section.
Procedure where 346.
parties recover
(1) When two parties are entitled under the same decree to recover from each
different amounts
other sums of different amounts, the party entitled to the smaller sum shall not
under same
take out execution against the other party; but satisfaction for the smaller sum
decree.
shall be entered on the decree.
(2) When the amounts are equal, neither party shall take out execution, but
satisfaction for each sum shall be entered on the decree.

Proceedings here 347 . In cases where there is no respondent named in the petition of application for
one year hat.
execution, if more than one year has elapsed between the date of the decree and the
elapsed from date
application for its execution, the court shall cause the petition to be served on the Judgment-
of decree.
debtor, and shall proceed thereon as if he were originally named respondent therein:
Provided that no such service shall be necessary if the application be made within one year
from the date of any decree passed on appeal from the decree sought to be executed or from
the date of the last order against the party, against whom execution is applied for, passed on
any previous application for execution.
Execution against 348 . Whenever a person has before the passing of a decree in an original action become
surety.
liable as surety for the performance of the same or of any part thereof, the decree may be
executed against him to the extent to which he has rendered himself liable in the same
manner as a decree may be executed against a judgment-debtor, upon application made by
the judgment-creditor to the court for that purpose by a petition to which the person sought to
be made liable as surety shall be named respondent.
Decree-holder to 349 .
certify payment to
(1) If any money payable under a decree is paid Out of Court, Or the decree is
the court.
otherwise adjusted in whole or in part to the satisfaction of the decree -holder,
he shall certify such payment or adjustment to the court whose duty it is to
execute the decree.
(2) The judgment-debtor may also by petition inform the court of such
payment or adjustment, and apply to the court to issue a notice to the decree-
holder to show cause on a day to be fixed by the court why such payment or
adjustment should not be recorded as certified. And if after due service of
such notice the decree-holder fails to appear on the day fixed, or having
appeared fails to show cause why the payment or adjustment should not be
recorded as certified, the court shall record the same accordingly.
(3) No such payment or adjustment shall be recognized by any court unless it
has been certified as aforesaid.

Concurrence and 350.

preference.
(1) Money, which in the course of an action or in satisfaction of a decree has
[43,20 of 1977]
been paid into and received by the court shall be paid to the person entitled to
the same, on his ex parte application.
(2) Where-
(a) before money realized in execution of a decree, other than
money received or seized by the Fiscal from the judgment-debtor
in payment of the amount of the writ before the sale in execution
of any property belonging to him or being current coin or currency
notes seized by the Fiscal, is paid to the decree-holder in the
action in which the execution issued, or
(b) before money other than money realized in execution of a
decree is paid to a judgment-creditor seizing such money, notice
is given to the court of any claim to such money-
 (i) by a person claiming to be entitled to preferential
payment by reason of any mortgage, charge or lien in
his favour;
(ii) by a person holding a decree against the same
judgment-debtor, whether entered by the same or
another court; or
(iii) by the Fiscal in respect of claims of other writ-
holders whose writs he had in his hands at the time of
the sale in cases where a sale is carried out by him in
execution,

the money shall first be paid to the persons, if any, entitled to

receive payment preferentially, and shall next be rateably
distributed among the decree-holders in the action or the
judgment-creditor seizing such money and all other decree-
holders whose claims have been notified to court under
paragraphs (ii) and (iii) above.

(3) Before the court makes order under the preceding subsection, notice shall
be given to the parties to the action and all persons whose claims have been
notified to court under that subsection that the court will on a day to be
specified in the notice proceed to hear and determine the claims to the money
in court.
(4) On the day so specified or on some other day to which the court may for
sufficient cause adjourn the hearing, the court shall proceed to hear and
adjudicate upon the claims made and make such order as the justice of the
case may require, or the court may, if in its opinion any claim cannot be
conveniently heard and adjudicated upon, refer the parties to a separate
action and may continue to hold the money or any part thereof pending the
decision of the separate action.

Where the same 351 . Where property not in the custody of any court has been seized in execution of
property seized in
decrees of more courts than one, the court which shall receive or realize such property and
execution of
shall determine any claim thereto and any objection to the seizure thereof shall be the court
decrees of more
of highest grade, or, where there is no difference in grade between such courts, the court
courts than one.
under whose decree the property was first seized.
Where several 352.
decree-holders
(1) Whenever assets are realized by sale or otherwise in execution of a
are entitled to
decree, and more persons than one have prior to the realization, applied to
share rateably in
the court by which such assets are held for execution of decrees for money
proceeds of a sale
against the same judgment-debtor, and have not obtained satisfaction thereof,
of debtor's
the assets, after deducting the costs of the realization, shall be divided
property.
rateably among all such persons :
Provided that, when any property is sold which is subject to a mortgage or
charge, or for any other reason remains subject to a mortgage or charge
notwithstanding the sale, the mortgagee or incumbrancer shall not as such be
entitled to share in any proceeds arising from such sale.
Share of such
proceeds paid
to wrong (2) If all or any portion of the money realized in execution of a decree is in the
person may be distribution made under the last preceding section paid to a person not entitled
recovered by to receive the same, any person who is so entitled may sue such person to
action by compel him to refund the money.
person
entitled.

Order for payment 353 . Every order made by a court, in any action or proceeding between parties, for
of money
payment of money not being a fine, shall have the effect of a decree for the payment of
enforced as a
money, and on default of payment according to its terms shall be enforceable upon the
decree.
application of the party at whose instance it was made in like manner as a decree for money.
Fine imposed by 354 . In the event of an order being made by the civil court under the provisions of this
civil court how to
Ordinance for the payment of a fine, and in the event of the fine not being paid into court at
be levied.
the time appointed therefore by the order, the amount of the said fine shall be levied by the
Fiscal from the property of the person against whom the order was made; and the court shall
forthwith, on the occurrence of the default, of its own motion issue its writ or precept to the
Fiscal for this purpose.

CHAPTER XXIII
OF SERVICE OF PROCESS
Writs or warrants 355 . Writs or warrants to levy money, or to take any person in arrest, or to detain any
to be usually
person in custody, or to deliver possession of property, shall usually be directed to the Fiscal
issued to the
of the court issuing the writ or warrant; but any such writ or warrant may be issued to any
Fiscal for
grama seva niladhari, constable or officer of police. And where any such writ or warrant is
execution.
issued by the Supreme Court, the Court of Appeal, or by any court within the local limits of
whose jurisdiction the party against whom it is issued does not actually and voluntarily reside,
or carry on business, or personally work for gain, or is not possessed of property sufficient to
satisfy the same, such writ or warrant shall be issued to the Fiscal of a court within the
jurisdiction of which such party does actually and voluntarily reside or carry on business, or
personally work for gain, or is possessed of such property.
To whom may all 356 . All processes of court not being writs, or warrants directed to the Fiscal or other person
purpose of court
for execution, and all notices and orders required by this Ordinance to be given to or served
not being writs or
upon any person, shall, unless the court otherwise directs, be issued for service to the Fiscal
warrant be
of the court issuing such processes, notices, or orders under a precept of that court as is
directed.
hereinbefore provided for the case of the summons to the defendant in an action. And the
provisions of this Ordinance from section 59 to section 70, both inclusive, relative to the
service of such summons shall apply, so far as is practicable, to the service of such
processes, notices, and orders. Whenever it becomes necessary to serve any such
processes outside the local limits of the jurisdiction of the court issuing them, it shall be
competent to such court to issue such processes, notices and orders for service to the Fiscal
of any other court of like jurisdiction within the local limits of the jurisdiction of which such
processes, notices and orders have to be served.
Fiscal to executed 357 . It shall be the duty of every Fiscal, upon receiving any writ, or warrant, or precept
and serve
directed to him by any court, by himself or by his officers, to execute such writ or warrant,
processes of
and to serve every process, notice, or order conveyed to him under such precept according
court.
to the exigency of the writ, warrant, or precept.
Proceedings 358. All proceedings for attachment, contempt, or otherwise against a Fiscal or Deputy
against Fiscal for
Fiscal for neglect or refusal to serve process or to comply with any order or direction of the
contempt, & c.
court in connection therewith shall, where such Fiscal or Deputy Fiscal is the Fiscal or Deputy
[46,20 of 1977]
Fiscal of a court other than that of the court issuing such process, order, or direction, be
referred by such court to the court to which such Fiscal or Deputy Fiscal is attached, and
shall be dealt with by the latter court as if such neglect or refusal related to its own process or
orders.
Grama seva 359. It shall be the duty of every grama seva niladhari, constable, or officer of police, upon
niladhari or
receiving any writ or warrant or precept directed to him by any court, to execute such writ or
constable to
warrant and to serve every process, notice, or order conveyed to him under such precept
execute or serve
according to the exigency of the writ, warrant, or precept in any place within the district or
processes in his
division in which such grama seva niladhari, constable, or officer is empowered to act.
own limits only.
Endorsement of 360 . It shall be competent to any Fiscal to whom any writ, warrant, or precept has been
process by Fiscal.
directed under the foregoing sections, and to the Fiscal's officer to whom the Fiscal may have
entrusted such writ, warrant, or precept for execution, to endorse thereon the name of any
grama seva niladhari, constable, or officer of police; and such endorsement shall operate in
the case of a grama seva niladhari, constable or officer of police to constitute the person
whose name is endorsed an officer of the Fiscal for the purpose of executing such writ, or
warrant, or precept.
Duty of every 361. Every Fiscal and Fiscal's officer shall, and every grama seva niladhari, constable, or
Fiscal to assist.
officer of police shall, within the local limits in which he is empowered to act, afford his aid
[48,20 of 1977]
and assistance to anyone charged under the foregoing sections with the duty of executing
any writ or warrant, or of serving any process, notice, or order of court.
Every writ or 362. Every mandate, writ, warrant, precept, or other process issuing from the Supreme
process to be
Court, the Court of Appeal, or from any District Court or Family Court or Primary Court shall
valid for the whole
have full force and validity in every place throughout Sri Lanka ; and every person charged
of Sri Lanka.
under the foregoing sections with the duty of executing any such process shall be protected
[49,20 of 1977]
thereby from civil liability for loss or damage caused by, or in the course of, or immediately
consequential upon, the execution of such process by him, or in the case of the Fiscal by his
officers, except when the loss or damage for which the claim is made is attributable to any
fraud, gross negligence, or gross irregularity of proceeding, or gross want of ordinary
diligence or abuse of authority on the part of the person executing such process:
Provided that no action shall be maintainable against any person charged as aforesaid with
the duty of executing any such process in respect to his execution thereof, unless previous
notice in writing distinctly setting forth the grounds of such action shall have been given to
him by or on behalf of the plaintiff one month at least before the commencement of such
action, and unless such action shall be brought within nine months after the cause of action
shall have arisen; And provided further, that it shall be lawful for the person to whom such
notice of action has been given at any time before the commencement of such action to
tender amends to the party aggrieved, and if the same be refused to plead such tender, at
the same time paying into court for the use of the plaintiff the amount so tendered, and if the
court by its judgment in the action shall hold that the amount so tendered and paid into court
is sufficient amends for the party aggrieved, the decree shall be passed in favour of the
plaintiff for such amount, but he shall be condemned to pay all costs.
What acts not 363. The seizure or sale of property, which does not belong to the person whose property is
within last section.
authorized by a writ of levy to be seized and sold, shall not be deemed to be an act done by
or in the course of, nor an immediate consequence of, the execution of such writ within the
meaning of the first paragraph of the last preceding section. But no person charged as
aforesaid shall be liable in damages for any such seizure or sale, if the same shall be shown
to have been effected under the bona fide belief that the property did belong to the person
whose property is authorized to be seized or sold.
Form of precept. 364 . Unless otherwise in this Ordinance enacted the precept of the court to the Fiscal
directing the service of any process, order, or notice, or other document, not amounting to a
writ to levy money, or to take any person in arrest, or to detain any person in custody, or do
deliver possession of property shall be in the form No. 17 in the First Schedule.
When process 365. Process in civil cases, whether at the suit of the State or individuals, shall not be
may not be
served or executed between the period of sunset and sunrise, nor on a public holiday, nor on
served.
any minister of religion, a Bhikku or other priest or religious functionary while performing his
functions in any place of public worship nor upon any individual of any congregation during
the performance of public worship at any such place.
Outer door not to 366. The outer door of any dwelling house shall not be forced open in order seize the
be forced.
person under civil process issued at the suit of a private individual, excepting such person
shall have escaped or shall have been rescued after having been duly arrested.
In effecting 367. If the person executing any process under this Ordinance, directing or authorizing
seizure of
seizure of movable property, has obtained entrance into a house or other building, he may
movable property
unfasten and open the door of any room in which he has reason to believe any such property
inner door may be
to be.
opened.
Person executing 368 . The person employed in carrying into effect any process of execution against either
process always to
person or property shall always have with him the writ, warrant, or mandate of execution, or a
have writ with him
copy of the same authenticated by the Fiscal or Deputy Fiscal, which shall, if required, be
or copy.
produced and shown to the party against whom, or against whose property, it is sought to be
put in force.
Body of person to 369 . In all civil cases where process of execution may issue against the person of a party, it
be arrested must
shall be necessary, in order to constitute an arrest, that the body of the person to be arrested
be seized or
shall be actually seized or touched by the officer executing the process, unless such person
touched.
express his acquiescence in the arrest without being so seized or touched.
Fiscal's return of 370 .
writ or precept.
(1) Every Fiscal or Deputy Fiscal or Grama Niladhari, as the case may be
[ 4,6 of 1993]
shall, on the receipt of any process, note thereon the day he received the
same, and on the service or execution thereof the date and mode of such
service or execution.
(2) When the writ of execution or precept for service has been carried into
effect, or on the day appointed in the writ or precept for the return thereof,
whichever date shall first occur, the Fiscal or Deputy Fiscal or Grama
Niladhari, as the case may be shall return the writ or precept to the court from
which it issued with his report of what has been done under it.

Report to be 371. The report of the Fiscal or Deputy Fiscal or Grama Niladhari constituting his return to
accompanied by
the writ of execution or to the precept for service of any process shall be fair written and shall
affidavit to be
state concisely the mode in which the process has been served, or the steps which have
attached as an
been taken to effect service; and shall be accompanied by an affidavit made by the officer
exhibit.
charged with the duty of executing the process, which affidavit shall set out the facts of the
service effected or of the endeavour made by the officer to effect the service. The process
and the affidavit shall be attached to the report as exhibits, and shall be referred to therein by
means of a distinguishing letter or other mark put upon them, each initialed and dated by the
Fiscal or Deputy Fiscal or Grama Niladhari.
Power of Fiscal or 372 . The Fiscal or Deputy Fiscal, or other person specially appointed by the Minister in
other person to
charge of the subject of Justice in that behalf, is hereby authorized to administer the oath or
administer oath
affirmation which is requisite to the making of the affidavit in the last section mentioned. And
therefor.
every officer who makes a false statement of fact in any such affidavit commits (in addition to
any offence of which under the provisions of the Penal Code he may by so doing be guilty)
an offence which is punishable as contempt of court.

PART II
OF SUMMARY PROCEDURE

CHAPTER XXIV
OF SUMMARY PROCEDURE
Summary 373. Every application to the court, or action, of summary procedure shall be instituted
procedure by
upon a duly stamped written petition presented to court by the applicant.
petition
[51,20 of 1977]
Form of petition 374. The petition shall be distinctly written upon good and suitable paper, and shall contain
[52,20 1977]
the following particulars :-
(a) the name of the court and date of presenting the petition;
(b) the name, description, and place of abode of the petitioner or petitioners;
(c) the name, description, and place of abode of the respondent or
respondents;
(d) a plain and concise statement of the facts constituting the ground of the
application and its circumstances, and of the petitioner's right to make it. Such
statement shall be set forth in duly numbered paragraphs;
(e) a prayer for the relief or order which the petitioner seeks.

If incidental to an 375 . If the application is instituted in the course of, or as incidental to, a pending action,
action, petition to
whether of regular or summary procedure, the petition shall be headed with a reference to its
be entitled therein.
number in the court, and the names of the parties thereto, and shall be filed as part of the
record of such action, and all proceedings taken and orders made on such petition shall be
duly entered in the journal required to be kept by section 92.
Affidavits and 376. With the petition, and so far as conveniently can be attached thereto, shall be
exhibits to be
exhibited such affidavits, authenticated copy records, processes, or other documentary
attached to
evidence as may be requisite to furnish prima facie proof of the material facts set out or
petition.
alleged in the petition, or the court may in its discretion permit or direct the petitioner to
adduce oral evidence before the court for this purpose, which shall be taken down by the
court in writing.
If grounds are 377. If the court is satisfied on the evidence exhibited or adduced that the material facts of
sufficient, order
the petition are prima facie established or is of opinion that on the footing of these facts the
may be nisi, or
petitioner is entitled to the remedy, or to the order in his favour, for which the petition prays,
interlocutory.
or any part thereof, then the court shall accordingly make either-
(a) an order nisi, conditioned to take effect in the event of the respondent not
showing cause against it on a day appointed by the order for that purpose; or
(b) an interlocutory order appointing a day for the determination of the matter
of the petition, and intimating that the respondent will be heard in opposition to
the petition if he appears before the court for that purpose on the day so
appointed.

Order as to costs. 378. In the alternative (a) of section 377 the order nisi may comprise an order against the
respondent, or any of the respondents, to pay the costs of the petitioner.
Form of order. 379. In either of the alternatives (a) and (b) of section 377 the order made shall be put into
writing, and shall contain a prefatory recital of the petition, and of the exhibits and other
evidence adduced in support thereof. And a copy of the order together with a copy of the
petition shall be served upon the respondent by the Fiscal in Service on the manner and
subject to the rules respondent hereinbefore prescribed for the service of the summons in a
regular action.
If grounds are 380. If the court is not satisfied on the evidence exhibited or adduced that the material facts
insufficient petition
of the petition are prima facie established or is of opinion that on the footing of those facts the
to be refused.
petitioner is not entitled to the relief which he asks, then in either case the court shall refuse
the petition.
Petition and order 381 . The petition, with its exhibits, adduced evidence, and the order made thereon, shall be
thereon to be
filed in court whether the order is in the alternative (a) or (b) of section 377, or is an order
filled.
refusing the petition.
Non- appearance 382 . If on the day appointed in an order made under section 377 for the determination of
of petitioner on
the matter of the petition, the petitioner does not appear before the court either in person or
day appointed.
by his registered attorney to support the petition, the court shall dismiss the petition, and shall
have power to make such order for the payment of costs by the petitioner to the respondent
as to the court shall seem just.
When court may 383 .
take order nisi
(1) If on such day the petitioner appears, and the respondent does not appear,
absolute.
and if the court is satisfied by the affidavit of the serving officer, stating the fact
of the service, or by oral evidence, that the order has been duly served upon
the respondent in time reasonably sufficient to enable him to appear, then if
the order is an order nisi made under (a) of section 377, the court shall make
it absolute, and shall pass no other order adverse to the respondent; but
otherwise it shall make such order within the prayer of the petition as it shall
consider right on the facts proved :
Provided, however, that in the latter case the court shall make no order to pay
costs against the respondent, except in cases where the prayer of the petition
expressly asks for the costs of the application, and the court thinks it fit that
the respondent should pay them.
(2) Nothing in this section shall prevent the court from dismissing the petition
at this stage in the absence of the respondent, if it sees reason to think that
the order ought not to have issued in the first instance.

Proceedings 384. If on such day both the petitioner and the respondent appear, the proceedings on the
where both parties
matter of the petition shall commence by the respondent in person, or by his registered
appear.
attorney, stating his objections, if any, to the petitioner's application; and the respondent shall
then be entitled to read such affidavits or other documentary evidence as may be admissible,
or by leave of the court to adduce oral evidence in support of his objections, or to rebut and
refute the evidence of the petitioner:
Provided that no affidavit or other documentary evidence shall be so read without express
leave of court, unless a copy of the document shall have been served on the petitioner or his
registered attorney at least forty eight hours before the day when the matter of the petition
 comes on to be heard and determined; and the oral evidence shall be taken down in writing
by the Judge.
Right to reply. 385. In the event of the respondent stating objections to the application, and not otherwise,
and after the respondent's evidence, if any, shall have been read or given, the petitioner shall
be entitled by way of reply to comment upon the respondent's case.
Additional 386. When the respondent's evidence has been taken, it shall be competent to the court, on
evidence when
the request of the petitioner, to adjourn the matter to enable the petitioner to adduce
admitted.
additional evidence; or, if it thinks necessary, it may frame issues of fact between the
petitioner and respondent, and adjourn the matter for the trial of these issues by oral
testimony. And on the day to which the matter is so adjourned, the additional evidence shall
be adduced, and the issues tried in conformity with, as nearly as may be, the rules
hereinbefore prescribed for the taking of evidence at the trial of a regular action.
Final order. 387. The court, after the evidence has been duly taken and the petitioner and respondent
have been heard either in person or by their respective attorneys-at-law or recognized
agents, shall pronounce its final order in the matter of the petition in open court, either at
once or on some future day, of which notice shall be given in open court at the termination of
the trial.
Endorsement on 388.
order nisi.
(1) The final order so pronounced may be endorsed on the order nisi or on the
interlocutory order, as the case may be.
(2) In the case of the order nisi, the final order, if endorsed, will be simpliciter
either in the shape of " order discharged " or of " order made absolute ":
Provided that an order nisi, if it consists of separable parts, may be discharged
in part and made absolute in part; and nothing herein enacted shall prevent
any order being made by consent of the petitioner and respondent on the
footing of the order nisi.
(3) In the case of the interlocutory order, the court may make such order within
the prayer of the petition as it shall consider right on the facts proved, and it
may make any such order upon the petitioner and respondent for the payment
of costs as to the court shall seem just.

Final order made 389. No appeal by a respondent shall lie against any final order which has been made, in
on non-
the case of the respondent's non- appearance, on the footing of either an order nisi or an
appearance of
interlocutory order in the matter of a petition; but it shall be competent to the court, within a
respondent, not
reasonable time after the passing of such order, to entertain an application in the way of
appealable, but
summary procedure instituted by any respondent against whom such order has been made,
may be set aside.
to have such final order set aside upon the ground that the applicant had been prevented
from appearing after notice of the order nisi or interlocutory order by reason of accident or
misfortune, or that such order nisi or interlocutory order had never been served upon him.
And if the ground of such application is duly established to the satisfaction of the court, as
against the original petitioner, the court may set aside the final order complained of upon
such terms and conditions as the court shall consider it just and right to impose upon the
applicant, and upon the final order being so set aside, the court shall proceed with the
hearing and determination of the matter of the original petition as from the point at which the
final order so set aside was made.
Parties to an 390. In an application, or action, of summary procedure the persons, petitioning or
action of summary
respondent, are the parties to the action.
procedure.
Journal in an 391. On the institution of an application of summary procedure which is not made in, or
action of summary
incidental to, any already pending action, the court shall commence and keep a journal
procedure.
entitled as of the matter of the application, according to the rules prescribed in section 92,
and this journal so kept shall be the record of the matter of the application.

PART III
INCIDENTAL PROCEEDINGS

CHAPTER XXV
 OF THE CONTINUATION OF ACTIONS AFTER ALTERATION OF
A PARTY'S STATUS
On death of a 392. The death of a plaintiff or defendant shall not cause the action to abate if the right to
party action does
sue on the cause of action survives.
not abate if right
to sue survives.
On death of one 393 . If there be more plaintiffs or defendants than one and any of them dies, and if the right
out of more
to sue on the cause of action survives to the surviving plaintiff or plaintiffs alone, or against
plaintiffs or
the surviving defendant or defendants alone, the court shall, on application in the way of
defendants than
summary procedure, make an order to the effect that the action do proceed at the instance of
one, if right to sue
the surviving plaintiff or plaintiffs, or against the surviving defendant or defendants.
survive to or
against the rest,
action to proceed.
If, on death of one 394 .
of several
(1) If there are more plaintiffs than one, and any of them dies, and if the right
plaintiffs, the right
to sue does not survive to the surviving plaintiff or plaintiffs alone, but survives
to sue survives to
to him or them and the legal representative of the deceased plaintiff jointly,
the rest jointly with
the court may cause the legal representative, if any, of the of deceased
legal
plaintiff to be made a party, and shall thereupon cause an entry to that effect
representative of
to be made on the record and proceed with the action.
deceased, legal
[53,20 of 1977]
representative (2) For the purposes of this Chapter -
[3,14 of 1993]
may be made
" estate" means the gross value of the estate of the deceased ; and
plaintiff.
"legal representative" means an executor or administrator, or in the case of an
estate below the value of five hundred thousand rupees, the next of kin who
have adiated the inheritance.

On death of sole 395 . In case of the death of a sole plaintiff or sole surviving plaintiff the legal representative
plaintiff, legal
of the deceased may, where the right to sue survives, apply to the court to have his name
representative
entered on the record in place of the deceased plaintiff, and the court shall thereupon enter
may be
his name and proceed with the action.
substituted.
If no application is 396 . If no such application be made to the court by any person claiming to be the legal
made by legal
representative of the deceased plaintiff, the court may pass an order that the action shall
representative
abate, and award to the defendant the costs which he may have incurred in defending the
action may be
action, to be recovered from the estate of the deceased plaintiff; or the court may, if it think
declared to abate.
proper, on the application of the defendant, and upon such terms as to costs or otherwise as
it thinks fit, pass such other order as it thinks fit for bringing in the legal representative of the
deceased plaintiff or for proceeding with the action in order to a final determination of the
matter in dispute, or for both those purposes,
In case of dispute, 397 . In the event of any dispute arising as to who is the legal representative of a deceased
court to decide
plaintiff, it is competent to the court either to stay the action until the question has been
who is legal
decided in another action, or to decide at once, as between the parties before it, who shall be
representative.
admitted to be such legal representative for the purpose of prosecuting the action. And this
question shall in such case be dealt with and tried by the court as an issue preliminary to the
trial of the merits of the action.
Of substitution of 398 .
legal
(1) If there be more defendants than one and any of them die before decree,
representative of
and the right to sue on the cause of action does not survive against the
deceased
surviving defendant or defendants alone and also in case of the death of a
defendant.
sole defendant, or sole surviving defendant where the right to sue survives,
[4,6 of 1990]
the plaintiff may-
(a) make an application to court by way of summary procedure,
supported by affidavit, specifying the name, description and place
of abode of any person whom he alleges to be the legal
representative of the deceased defendant, and whom he desires
to be made the defendant in his stead, or
(b) where probate of the will or letters of administration to the
 estate of the deceased defendant has not been issued or its issue
is likely to be unduly delayed, make an application to court by
way of summary procedure supported by affidavit specifying the
name, description and place of abode of any person whom he
alleges to be the person to whom probate of the will or letters of
administration to the estate of the deceased defendant would
ordinarily be issued, and whom he desires to be made the
defendant in place of the deceased defendant. Such application
shall also specify the name, description and place of abode of the
person or persons whom the plaintiff alleges to be the heir or
heirs of the deceased; or
(c) where such defendant has died intestate, make an application
to court by way of summary procedure supported by affidavit
specifying the name, description and place of abode of any
person whom he alleges to be the legal representative of the
deceased, and whom he desires to be made the defendant in his
stead. Such application shall also specify the name, description,
and place of abode of the person or persons whom the applicant
alleges to be the heir or heirs of the deceased.

(2) Upon receipt of an application under paragraph (a) of subsection (1), the
court may being satisfied that there are grounds therefor, enter the name of
such representative on the record in the place of such defendant, and shall
issue summons, (in the Form No. 71 in the First Schedule) to such
representative to appear on a day to be therein mentioned to defend the
action, and the case shall thereupon proceed in the same manner as if such
representative had originally been made defendant and had been a party to
the former proceedings in the action :
Provided however, that the person so made defendant may object that he is
not the legal representative of the deceased defendant, or make any defence
appropriate to his character as such representative.
(3) Upon receipt of an application under paragraph (b) of subsection (1), the
court may, where it is satisfied that probate of the will or letters of
administration to the estate of the deceased defendant have not been issued
or that its issue is likely to be unduly delayed, and after the issue of notice on
the person alleged in such application to be the person to whom probate of
the will or letters of administration to the estate of the deceased defendant
would ordinarily be issued and such other persons, if any, and after causing
notice of such application, (in the form No. 71A in the First Schedule) to be
advertised in a local newspaper to be selected by the court or by such other
mode of advertisement in lieu of such publication as to the court seems
sufficient, and after such inquiry as the court may consider necessary and
upon such terms as it thinks fit, order, that the name of the person who
appears to the court to be the person to whom probate of the will or letters of
administration to the estate of the deceased defendant would ordinarily be
issued, be entered in the record in place of the deceased defendant and the
case shall thereupon proceed in the same manner as if such person had
originally been made a defendant and had been a party to the former
proceedings in that action:
Provided however, that such order may be made only after a period of six
months has elapsed after the death of the deceased defendant and the
person to be so made defendant may object that he is not the person to whom
probate of the will or letters of administration to the estate of the deceased
defendant would ordinarily be issued or that he should not be made defendant
in place of the deceased defendant, and may, upon his name being entered in
the record in place of the deceased defendant, make any defence appropriate
to his character as representative of the deceased defendant.
(4) Upon receipt of an application under paragraph (c) of subsection (1), the
court being satisfied that there are grounds therefor, and, after the issue of
notice on the representative named in such application and such other
persons, if any, and after causing notice of such application (in the form No.
 71A in the First Schedule) to be advertised in a local newspaper to be
selected by the court or by such other mode of advertisement in lieu of such
publication as to the court seems sufficient, and after such inquiry as the court
may consider necessary and upon such terms as it thinks fit, the court may
order, that the name of such representative or such other person as the court
may consider fit be entered of record in place of the deceased defendant and
the case shall thereupon proceed in the same manner as if such person had
originally been made a defendant, and had been a party to the former
proceedings in the action:
Provided, however, that such order may be made only after a period of six
months has elapsed after the death of the deceased defendant and the
person to be so made defendant may object that he is not the legal
representative of the deceased defendant, or that he should not be appointed
in place of the deceased defendant, and may, upon his name being entered in
the record in place of the deceased defendant, make any defence appropriate
to his character as representative of the deceased defendant.
(5) The legal representative of a deceased defendant may apply to have
himself made a defendant in place of deceased defendant and the provisions
of this section, so far as they are applicable, shall apply to the application and
to the proceedings resulting from such an application.
(6) Where after an order has been made under subsection (2) or subsection
(3) of this section, an executor or administrator is appointed in proceedings
instituted under Chapter XXXVIII of this Code, such executor or administrator
shall be substituted in place of the person appointed under subsection (2) or
subsection (3), on the application by way of summary procedure supported by
affidavit made by the plaintiff or any other party to the action or by such
executor or administrator himself, and the action shall thereupon proceed in
the same manner as if such executor or administrator had originally been
made a defendant and had been a party to the former proceedings in the
action.

Action not abated 399.

by marriage of
(1) The marriage of a female plaintiff or defendant shall not cause the action
female party.
to abate, but the action may, notwithstanding, be proceeded with to Judgment;
and where the decree is against a female defendant, it may thereupon be
executed against her alone.
(2) If the case is one in which the husband is by law liable for the debts of his
wife, the decree may, with the permission of the court, be executed against
the husband also; and in case of judgment for the wife, execution of the
decree may, with such permission, be issued upon the application of the
husband where the husband is by law entitled to the subject-matter of the
decree.

Effect of 400. The bankruptcy or insolvency of a plaintiff in any action which his assignee might
bankruptcy of
maintain for the benefit of his creditors shall not bar the action, unless such assignee
plaintiff.
declines to continue the action and to give security for the costs thereof, within such time as
the court may order,
When assignee 401 . If the assignee neglects or refuses to continue the action and to give such security
does not continue
within the time so ordered, the defendant may apply for the dismissal of the action on the
action.
ground of the plaintiffs bankruptcy or insolvency, and the court may dismiss the action and
award to the defendant the costs which he has incurred in defending the same, to be proved
as a debt against the plaintiffs estate.
When court itself 402 . If a period exceeding twelve months in the case of a District Court or Family Court, or
may order action
six months in a Primary Court, elapses subsequently to the date of the last entry of an order
to abate.
or proceeding in the record without the plaintiff taking any steps to prosecute the action
where any such step is necessary, the court may pass an order that the action shall abate.
No fresh action to 403 . When an action abates or is dismissed under this Chapter, no fresh action shall be
be brought where
brought on the same cause of action. But the plaintiff or the person claiming to be the legal
action has abated;
representative of a deceased or insolvent plaintiff may, within such period of time as may
but court may set
seem to the court under the circumstances of the case to be reasonable, apply for an order
aside order.
to set aside the order for abatement or dismissal; and if it be proved that he was prevented
by any sufficient cause from continuing the action the court shall set aside the abatement or
dismissal upon such terms as to costs or otherwise as it thinks fit.
Continuation of 404. In other cases of assignment, creation, or devolution of any interest pending the
action in other
action, the action may, with the leave of the court, given either with the consent of all parties
cases of
or after service of notice in writing upon them, and hearing their objections, if any, be
assignment of
continued by or against the person to whom such interest has come, either in addition to or in
party's interest.
substitution for the person from whom it has passed, as the case may require.
Applications under 405 . The application under paragraph (a) of subsection (t) of section 393 may be made ex
this Chapter how
parte, but in all other applications for the exercise of the discretion of the court under this
to be made.
Chapter all the parties to the action, not being the applicants, or such of them as may be
affected by the order sought, must be made respondents on the face of the application.

CHAPTER XXVI
OF THE WITHDRAWAL AND ADJUSTMENT OF ACTION
Withdrawal and 406.
adjustment of
(1) If, at any time after the institution of the action, the court is satisfied on the
action.
application of the plaintiff-
(a) that the action must fail by reason of some formal defect, or
(b) that there are sufficient grounds for permitting him to withdraw
from the action or to abandon part of his claim with liberty to bring
a fresh action for the subject-matter of the action, or in respect of
the part so abandoned, the court may grant such permission on
such terms as to costs or otherwise as it thinks fit.

(2) If the plaintiff withdraw from the action, or abandon part of his claim,
without such permission, he shall be liable for such costs as the court may
award, and shall be precluded from bringing a fresh action for the same matter
or in respect of the same part.
(3) Nothing in this section shall be deemed to authorize the court to permit
one of several plaintiffs to withdraw without the consent of the others.

Permission to 407. In any fresh action instituted on permission granted under the last preceding section,
bring fresh action
the plaintiff shall be bound by the law of prescription or limitation in the same manner as if the
not to affect
first action had not been brought.
prescription.
Adjustment of 408. If an action be adjusted wholly or part by any lawful agreement or compromise, or if the
actions out of
defendant satisfy the plaintiff in respect to the whole or any part of the matter of the action,
court.
such agreement, compromise, or satisfaction shall be notified to the court by motion made in
presence of, or on notice to, all the parties concerned, and the court shall pass a decree in
accordance therewith, so far as it relates to the action, and such decree shall be final, so far
as relates to so much of the subject-matter of the action as is dealt with by the agreement,
compromise, or satisfaction.

CHAPTER XXVII
OF PAYMENT OF MONEY INTO COURT
Payment of 409. The defendant in any action brought to recover a debt or damage may, at any stage of
money into court.
the action, deposit in court such sum of money as he considers a satisfaction in full of the
plaintiffs claim.
Notice thereof. 410. Notice in writing of the deposit shall be given by the defendant to the plaintiff, and the
amount of the deposit shall (unless the court otherwise directs) be paid out of court to the
plaintiff on his application.
Interest on deposit411 . No interest shall be allowed to the plaintiff on any sum deposited by the defendant
not allowed to
from the date of the receipt of such notice, whether the sum deposited be in full of the claim
plaintiff after
or fall short thereof.
notice.
Procedure where 412 . If the plaintiff accepts such amount only as satisfaction in part of his claim, he may
plaintiff accepts
prosecute his action for the balance; and if the court eventually decides that the deposit by
payment in part
the defendant was a full satisfaction of the plaintiffs claim, the plaintiff must pay the costs of
satisfaction of his
the action incurred after the deposit and the costs incurred previous thereto, so far as they
claim.
were caused by excess in the plaintiffs claim.
Procedure where 413 . If the plaintiff accepts such amount as satisfaction in full of his claim, he shall present
plaintiff accepts
to the court a statement to that effect, embodied in a motion for judgment, and the court shall
payment in full
pass judgment accordingly, and in directing by whom the costs of each party are to be paid
satisfaction of his
the court shall consider which of the parties is most to blame for the litigation.
claim.
Illustrations
(a) A owes B one hundred rupees. B sues A for the amount,
having made no demand for payment, and having no reason to
believe that the delay caused by making a demand would place
him at a disadvantage. On the plaint being filed, A pays the money
into court. B accepts it in full satisfaction of his claim, but the court
should not allow him any costs, the litigation being presumably
groundless on his part.
(b) B sues A under the circumstances mentioned in illustration (a).
On the plaint being filed. A disputes the claim. Afterwards A pays
the money into court. B accepts it in full satisfaction of his claim.
The court should also give B his costs of action, A's conduct
having shown that the litigation was necessary.
(c) A owes B one hundred rupees, and is willing to pay him that
sum without action. B claims one hundred and fifty rupees, and
sues A for that amount. On the plaint being filed, A pays one
hundred rupees into court, and disputes only his liability to pay the
remaining fifty rupees. B accepts the one hundred rupees in full
satisfaction of his claim. The court should order him to pay A's
costs.
Money must be 414 . When a defendant by his answer or any party to an action by petition professes to pay
actually paid.
money into court, or when a defendant by his answer sets up a tender of any sum of money
before action brought, the answer or the petition shall not be received or filed by the court
unless either the sum of money so professed to have been paid into court, or so alleged to
have been tendered, is actually paid into court, or the requisite steps for the purpose are
taken by the defendant or other party, as the case may be.
This Chapter to 415 . The enactments of this Chapter shall apply, mutatis mutandis, to the case of payment
apply to any party.
of money into court made by any party to the action in satisfaction of the claim of any other
party.

CHAPTER XXVIII
OF SECURITY FOR COSTS
Security for costs 416 . If at the institution, or at any subsequent stage, of an action, it appears to the court
where plaintiff
that a sole plaintiff is, or (when there are more plaintiffs than one) that all the plaintiffs are,
resident out of Sri
residing outside Sri Lanka, the court may in its discretion, and either of its own motion or on
Lanka.
the application of any defendants, order the plaintiff or plaintiffs, within a time to be fixed by
[54, 20 of 1977]
the order, to give security for the payment of all costs incurred and likely to be incurred by
any defendant.
Security for costs 417 . If at the institution, or at any subsequent stage, of an action, it appears to the court
where defendant
that the defendant, or (where there are more defendants than one) that any defendant, is
resident out of Sri
residing outside Sri Lanka, the court may in its discretion, and either of its own motion or on
Lanka.
the application of such defendant, order the plaintiff or plaintiffs, within a time to be fixed by
[54,20 of 1977]
the order, to give security for the payment of all costs incurred and likely to be incurred by
such defendant.
Amount of 417A . The security for payment of costs fixed by order made under section 416 or 417
security for
shall in no case exceed the aggregate of the following :-
payment of costs.
(a) the total costs that can be ordered in an action of that category, at the
[10,14 of 1997]
 rates prescribed for the purposes of section 214; and
(b) five hundred thousand rupees to meet incidental expenses, such as
expenses that may be incurred in pro curing the evidence and attendance of
witnesses living abroad.

If security not 418.

furnished when
(1) In the event of such security not being furnished within the time so fixed,
ordered, action
the court shall dismiss the action, unless the plaintiff or plaintiffs be permitted
may be dismissed.
to withdraw therefrom under the provisions of section 406, or show good
cause why such time should be extended, in which case the court may extend
it.
Dismissal may (2) When an action is dismissed under this section the plaintiff may within
be set aside. thirty days, and after due notice in writing to the defendant, apply for an order
to set the dismissal aside, and if it is proved to the satisfaction of the court that
he was prevented by any sufficient cause from furnishing the security within
the time allowed, the court shall set aside the dismissal upon such terms as to
security, costs, or otherwise as it thinks fit, and shall appoint a day for
proceeding with the action.

What amounts to 419 . Whoever leaves, or is about to leave, Sri Lanka under such circumstances as to afford
residing out of Sri
reasonable probability that he will not be forthcoming whenever he may be called upon to pay
Lanka.
costs, shall be deemed to be residing outside Sri Lanka within the meaning of section 416 or
[55,20 of 1977]
417.

CHAPTER XXIX
OF COMMISSIONS A.-COMMISSIONS TO EXAMINE
WITNESSES
Commission to 420. Any court may in any action issue a commission for the examination on interrogatories
examine sick
or otherwise, and on oath or affirmation, of persons resident within the local limits of its
person, & c, within
jurisdiction who are from sickness or infirmity unable to attend the court, or of women who,
jurisdiction.
according to the customs and manners of the country, ought not to be compelled to appear in
public.
To whom may 421. The commission for the examination of a person who resides within the local limits of
commission issue.
the jurisdiction of the court issuing the same may be issued to any person whom the court
thinks fit to execute the same.
Commission to 422.
examine in other
(1) Any court may in any action issue a commission for the examination of-
cases.
(a) any person resident beyond the local limits of its jurisdiction;
(b) persons who are about to leave such limits before the date on
which they are required to be examined in court; and
(c) civil and military officers of Government who cannot in the
opinion of the Judge attend the court without detriment to the
public service; and
(d) Women who, according to the customs and manners of the
country, ought not to be compelled to appear in public.

To whom may (2) Such commission shall ordinarily be issued to any court, except the
commission Supreme Court., the Court of Appeal and the High Court, within the local limits
issue. of whose jurisdiction such person resides, and which can most conveniently
execute the same :
Provided that, under special circumstances, the commission may be directed
to any person whom the court issuing the commission thinks fit to appoint.

When may court 423 . When any court to which application is made for the issue of a commission for the
issue commission
examination of a person residing at any place not within Sri Lanka is satisfied that his
to examine person
evidence is necessary, the court may issue such commission.
outside Sri Lanka.
Court to execute 424 . Every court receiving a commission for the examination of any person shall examine
the commission.
 him pursuant thereto.
Return thereof. 425. After the commission has been duly executed, it shall be returned, together with the
evidence taken under it, to the court out of which it issued, unless the order for issuing the
commission has otherwise directed, in which case the commission shall be returned in terms
of such order; and the commission and the return thereto, and the evidence taken under it,
shall (subject to the provisions of the next following section) be recorded in the action.
Evidence taken 426 . Evidence taken under a commission shall not be read as evidence in the action
under commission
without the consent of the party against whom the same is offered, unless-
when admissible.
(a) the person who gave the evidence is beyond the jurisdiction of the court, or
dead, or unable from sickness or infirmity to attend to be personally examined
; or is a person whom the court, in accordance with the customs and manners
of the country, sees reason to exempt from personal appearance in court ; or
(b) the court in its discretion, for good cause to be assigned by it, dispenses
with the proof of any of the circumstances mentioned in the last preceding
section and authorizes the evidence of any person being read as evidence in
the action, notwithstanding proof that the cause for taking such evidence by
commission has ceased at the time of reading the same.

Foreign courts to 427 . The provisions hereinbefore contained as to the execution and return of commissions
which provisions
shall apply to commissions issued by the courts of any foreign country recognized by the
apply.
Government of Sri Lanka.
[56,20 of 1977]

B.-COMMISSIONS FOR LOCAL INVESTIGATIONS

Commission to 428. In any action or proceeding in which the court deems a local investigation to be
make local
requisite or proper for the purpose of elucidating any matter in dispute, or of ascertaining the
investigation.
market value of any property, or the amount of any mesne profits or damages or annual net
profits, and the same cannot be conveniently conducted by the Judge in person, the court
may issue a commission to such person as it thinks fit, directing him to make such
investigation and to report to the court.
Return thereof. 429. The commissioner, after such local inspection as he deems necessary, and after
reducing to writing the evidence taken by him, shall return such evidence, together with his
report in writing, subscribed with his name, to the court.

C-COMMISSIONS TO EXAMINE ACCOUNTS

Commission to 430. In any action in which an examination or adjustment of accounts is necessary, the
examine
court may issue a commission to such person as it thinks fit, directing him to make such
accounts.
examination.
Court to furnish 431. The court shall furnish the commissioner with such part of the proceedings of the
instructions.
action and such detailed instructions as appear necessary, and the instructions shall
distinctly specify whether the commissioner is merely to transmit the proceedings which he
may hold on the inquiry, or also to report his own opinion on the point referred for his
examination.

GENERAL PROVISIONS
Evidence taken on 432 .
commission shall
(1) The commission in every case within this Chapter shall be entitled as in the
be filed and
action, whether of regular or summary procedure, in which it issued, and on its
recorded in the
return shall, with all the proceedings, evidence, and documents, if any, taken
action.
therein, be filed and recorded as of that action.
Commissioner (2) The report of the commissioner or commissioners in each case within (B)
matters and (C), and the evidence taken by a commissioner (but not the evidence
maybe without the report) shall be evidence in the action; but the court, or, with the
examined permission of the court, any of the parties to the action, may examine the
personally. commissioner personally in open court touching any of the referred to him, or
mentioned in his report, or as to the manner in which he has made the
investigation or conducted his proceedings.
Court may order 433 . Before issuing any commission under this Chapter the court may order such sum (if
payment into court
any) as it thinks reasonable for the expenses of the commission, to be paid into court by the
of expense.
party at whose instance or for whose benefit the commission is issued.
Powers of 434. Any commissioner appointed under this Chapter shall have authority to administer an
commissioners.
oath or affirmation, and may, unless otherwise directed by the order of appointment-
(a) examine the parties themselves and any witness whom they or any of
them may produce, and any other person whom the commissioner thinks
proper to call upon to give evidence in the matter referred to him:
(b) call for and examine documents and other things relevant to the subject of
inquiry;
(c) at any reasonable time enter upon or into any land or building mentioned in
the order.

Provisions of this 435 . The provisions of this Ordinance relating to the summoning, attendance, and
Ordinance as to
examination of witnesses, and to the remuneration of, and penalties to be imposed upon,
witnesses to
witnesses, shall apply to persons required to give evidence or to produce documents under
apply.
this Chapter, whether the commission in execution of which they are so required has been
issued by a court situate within, or by a court situate beyond, the limits of Sri Lanka.
Parties should 436. Whenever a commission is issued under this Chapter the court shall direct that the
appear before
parties to the action shall appear before the commissioner in person or by their recognized
commissioner.
agents or registered attorneys. If the parties do not so appear, the commissioner may
proceed ex parte.

AFFIDAVITS
Evidence on 437. Whenever any order has been made by any court for the taking of evidence on
affidavit.
affidavit, or whenever evidence on affidavit is required for production in any application or
[21,79 of 1988]
action of summary procedure, whether already instituted or about to be instituted, an affidavit
or written statement of facts conforming to the provisions of section 181 may be sworn or
affirmed to by the person professing to make the statement embodied in the affidavit before
any court or Justice of the Peace or Commissioner for Oaths, or in the case of an affidavit
sworn or affirmed In a country outride Sri Lanka, before any person qualified to administer
oath or affirmation according to the law of that country, and the fact that the affidavit bears
on its face the name of the court, the number of the action and the names of the parties shall
be sufficient authority to such court or Justice of the Peace, or Commissioner for oaths or
such person qualified to administer the oath or affirmation.
Affidavit to be 438. Every affidavit made in accordance with the preceding provisions shall be signed by
signed by
the declarant in the presence of the court. Justice of the Peace or' Commissioner for oaths,
declarant.
or person qualified before whom it is sworn or affirmed.
[22,79 of 1988]
Case of illiterate 439. In the event of the declarant being a blind or illiterate person, or not able to understand
person.
writing in the language of the court, the affidavit shall at the same time be read over or
[23,79 of 1988]
interpreted to him in his own language, and the jurat shall express that it was read over or
interpreted to him in the presence of the court. Justice of the Peace, Commissioner for
Oaths, or person qualified before whom it is sworn or affirmed, and that he appeared to
understand the contents; and also that he made his mark or wrote his signature in the
presence of the court, Justice of the Peace, Commissioner for Oaths, or person qualified
before whom it is sworn or affirmed. And when a mark is made instead of a signature, the
person who writes the marksman's name against the mark shall also sign his name and
address in the presence of the court. Justice of the Peace, or Commissioner for Oaths, or
person qualified before whom it is sworn or affirmed.
Alteration of 440. Every affidavit must be fairly written, and must exhibit no erasures or blotting or
affidavit.
blanks; if any alteration is needed to be made in the original writing before it is sworn or
[24,79 of 1988]
affirmed to, every excision of a word, or letter, or figure shall be made by so drawing a line
through it as to leave the word, letter, or figure still legible; and every added word, letter, or
figure shall be added by interlineations, not by superposition or alteration; and every excision
and interlineations shall be initialed by the Judge, Justice of the Peace or Commissioner for
oaths, or the person qualified before whom the affidavit is affirmed or sworn.
 CERTIFIED COPIES
Issue of certified 440A .
copies of
(1) Where a party to any proceedings in a civil court requires for the purpose
statements or
of such proceedings a certified copy of any complaint or statement made to a
complaints made
police officer, or an inquirer, whether in the course of any investigation or
to, or of plans or
otherwise, or of any plan, or sketch prepared by a police officer, or an inquirer,
sketches prepared
on information furnished by any person or persons, such party shall, upon the
by, police officers
payment by such party to the appropriate authority of the usual charges, be
or inquirers and
entitled to obtain a certified copy of such complaint, statement, plan or sketch,
the production of
as the case may be; and the court, upon application made in that behalf, may
such certified
direct the appropriate authority to issue such certified copy.
copies.
(2) Notwithstanding anything to the contrary in any other law, a certified copy
[58,20 of 1977]
of any complaint, statement, plan or sketch obtained under the preceding
subsection by a party to any proceedings in a civil court, may, without the
police officer or inquirer to whom the complaint or statement was made, or by
whom the plan or sketch was prepared being called as a witness, be produced
in such proceedings by such party in proof of the fact that the complaint or
statement was made, or that the information on which the plan or sketch was
prepared was furnished to such police officer or inquirer by any person or
persons, if the person by whom the complaint or statement was made or every
person who furnished the information on which the plan or sketch was
prepared has deposed to the fact of having made such complaint or statement
or of having furnished such information, as the case may be:
Provided however, that the court may of its own motion, or upon application
made by any party to such proceedings, require the production of the book in
which such complaint or statement was first recorded or the original of such
plan or sketch, as the case may be, or require that the person to whom such
complaint or statement was made, or by whom such plan or sketch was
prepared, be summoned as a witness.
(3) In the preceding subsections-
" appropriate authority "-
(a) in relation to any information or statement recorded in an
information book, kept by an officer in charge of a police station,
means such officer;
(b) in relation to any plan or sketch prepared by a police officer
attached to a police station, means the officer in charge of that
police station; and
(c) in relation to any information or statement recorded in an
information book kept by an inquirer for any area or any plan or
sketch prepared by an inquirer for any area means the inquirer
for such area;

" inquirer " and " police officer " shall have the same meaning as in the Code
of Criminal Procedure Act.

[Sections 441 to 455 (both inclusive) repealed by Law No. 20 of 1977]

PART IV
ACTIONS IN PARTICULAR CASES

CHAPTER XXXI
ACTIONS BY OR AGAINST THE STATE, OR MINISTERS,
DEPUTY MINISTERS, OR PUBLIC OFFICERS
Actions by or 456.
against the state.
(1) All actions by or against the state shall be instituted by or against (as the
case may Attorney-General.
(2) In actions by the State instituted by the Attorney-General, instead of
inserting in the plaint the name and description and place of abode of the
 plaintiff, it shall be sufficient to insert the words "the Attorney-General".
(3) Attorney-General does not in this section include the Solicitor-General, the
Additional Solicitor-General, a Deputy Solicitor-General, or any State Counsel.

Service of a 457. In any action to which the State is a party, all processes of court issuing against the
process.
State shall be served upon the Attorney-General.
Attorney- General 458 . The court, in fixing the day for the Attorney-General to answer to the plaint, shall allow
to have
a reasonable time for the necessary communication with the Government through the proper
reasonable time to
channels, and may extend the time at its discretion.
appear.
Service on public 459 . Where the defendant is a public officer, the court may send a copy of the summons to
officer.
the head of the office in which the defendant is employed, for the purpose of being served on
him, if it appear to the court that the summons may be most conveniently so served.
Public officer may 460 . If the public officer on receiving the summons considers it proper to make a reference
apply for time to
to the Government before answering to the plaint, he may apply to the court to grant such
answer.
extension of the time fixed in the summons as may be necessary to enable him to make such
reference and to receive orders thereon through the proper channel; and the court upon such
application may extend the time for so long as appears to be requisite.
Attorney-General, 461 . No action shall be instituted against the Attorney-General as representing the State or
Minister, Deputy
against a Minister, Deputy Minister, or public officer in respect of an act purporting to be done
Minister, and
by him in his official capacity, until the expiration of one month next after notice in writing has
public officer
been delivered to such Attorney-General, Minister, Deputy Minister, or officer (as the case
entitled to notice.
may be), or left at his office, stating the cause of action and the name and place of abode of
the person intending to institute the action and the relief which he claims; and the plaint in
such action must contain a statement that such notice has been delivered or left.
Procedure where 461A .
no notice has
(1) Where no notice as required by section 461 has been given prior to the
been given under
institution of the action, and objection is taken prior to or in the answer that no
section 461.
such notice has been given, the court shall stay further proceedings of the
action for a period of one month and may order the plaintiff to pay the
defendant such costs as it thinks fit. Where proceedings are stayed under this
subsection, the date immediately following the period of one month after the
date of the institution of such action shall be deemed to be the date of
institution of the action where such date is material for the purpose of
determining whether the action is prescribed or not, and such action shall
thereafter be proceeded with after such notice has been duly given.
(2) Where after the giving of such notice as required by section 461, the plaint
fails to aver the fact of such notice having been given, the court shall permit
an amendment of the plaint averring the giving of such notice and if a
postponement or adjournment is occasioned in consequence thereof, the court
may award such costs as it thinks fit.
(3) No such action as is referred to in section 461 shall be dismissed only for
the reason that no notice prior to the institution of action had been given as
required by the said section or that a statement that such notice of action has
been duly delivered or left has not been averred in the plaint.

Writ against 462. No writ against person or property shall be issued against the Attorney-General such
person or property
action in any action brought against the State or in any action in which the Attorney-General
in such action.
is substituted as a party defendant under section 463.
When Attorney- 463 . If the Attorney-General undertakes the defence of an action against a Minister, Deputy
General may
Minister, or public officer, the Attorney-General shall apply to the court, and upon such
intervene.
application the court shall substitute the name of the Attorney-General as a party defendant in
the action.
Where Attorney- 464 . If such application is not made by the Attorney-General on or before the day fixed in
General docs not
the notice for the defendant to appear and answer to the plaint, the case shall proceed as in
intervene action to
an action between private parties, except that the defendant shall not be liable to arrest, nor
proceed as
his property to attachment, otherwise than in execution of a decree.
against private
party.
Minister, Deputy 465 . In an action against a Minister, Deputy Minister, or public officer in respect of such act
minister or public
as aforesaid, the court shall exempt the defendant from appearing in person when he satisfies
officer need not
the court that he cannot absent himself from his duty without detriment to the transaction of
appear in person.
any business of Parliament, or Cabinet of Ministers, or to the public service.
[Sections 466 to 469 (both inclusive) repealed by Law No. 20 of 1977]

CHAPTER XXXIII
ACTIONS BY AND AGAINST CORPORATIONS AND
COMPANIES
Action by or 470. In actions by or against any corporation, or by or against a board or other public body,
against a
or any company authorized to sue or be sued, the name and the style of the corporation,
corporation, or
board, public body, or company, or of the officer (if any) in whose name any such
company.
corporation, board, public body, or company is authorized to sue and be sued, as the case
may be, may be inserted as the name of the plaintiff or defendant; and the plaint or answer
may be subscribed on behalf of the corporation, board, public body, or company by any
member, director, secretary, manager, or other principal officer thereof who is able to depose
to the facts of the case; and in any case in which such corporation, board, public body, or
company is represented by a registered attorney, shall be subscribed by such registered
attorney.
Service on 471. When the action is against a corporation, or against a board or other public body, or a
corporation or
company authorized to sue and be sued in the name of an officer or of a trustee, except in
company.
cases where a particular mode of service is directed by law, the summons may be served-
(a) by leaving it at the registered office (if any) of the corporation, board, public
body, or company; or
(b) by giving it to the secretary or other principal officer of the corporation,
board, public body or company; and the court may in such summons or by
special order require the personal appearance of such secretary or other
principal officer of the corporation, board, public body, or company who may
be able to answer material questions relating to the action.

CHAPTER XXXIV
ACTIONS BY AND AGAINST TRUSTEES, EXECUTORS, AND
ADMINISTRATORS
Actions against 472. In all actions concerning property vested in a trustee, executor, or administrator, when
trustees,
the contention is between the persons beneficially interested in such property and a third
executors, and
person, the trustee, executor, or administrator shall represent persons so interested ; and it
administrators
shall not ordinarily be necessary to make them parties to the action. But the court may, if it
thinks fit, order them, or any of them, to be made such parties.
All executors & c, 473. When there are several trustees, should be executors, or administrators, they shall all
made parties.
be made parties to an action by or against one or more of them; Provided that executors
who have not proved their testator's will, and trustees, executors, and administrators beyond
the local limits of the Jurisdiction of the court, need not be made parties.
Executors and 474. In every action brought by an executor or administrator in right of his testator or
administrators
intestate, such executor or administrator shall, unless the court shall otherwise order, be
liable in costs.
liable to pay costs to the defendant in case of judgment being entered for the defendant, and
in all other cases, in which he would be liable if such plaintiff were suing in his own right upon
a cause of action accruing to himself; and the defendant shall have judgment for such costs,
and they shall be recovered accordingly.
Husband of 475. Unless the court directs otherwise, the husband of a married executrix or administrator
executrix not to be
shall not be a party to an action by or against her in her representative capacity.
made party.

CHAPTER XXXV
ACTIONS BY AND AGAINST MINORS AND PERSONS UNDER
 OTHER DISQUALIFICATION
Action by minor. 476. Every action by a minor shall be instituted in his name by an adult person who in such
action shall be designated in the plaint the next friend of the minor, and may be ordered
personally to pay any costs in the action as if he were the plaintiff.
Next friend and 477. Every application to the court on behalf of a minor (other than an application under
guardian ad litem.
section 487) shall be made in his name by his next friend or his guardian for the action, and
shall be so expressed to be made on the face of the application.
Procedure where 478.
no next friend.
(1) If a plaint be filed by or on behalf of a minor without a next friend, the
defendant may apply to have the plaint taken off the file, with costs to be paid
by the registered attorney or other person by whom it was presented.
(2) Such application shall be made on summary procedure by the defendant;
and the court after hearing the objections, if any, of the person against whom it
is made, may make such order in the matter as it thinks fit.

Court may appoint 479 . Where the defendant to an action is a minor, the court, on being satisfied of the fact of
guardian ad litem.
his minority, shall appoint a proper person to be guardian for the action for such minor, and
generally to act on his behalf in the conduct of the case.
No order to affect 480 . Every order made in an action or on any application before the court in or by which a
minor not
minor is in any way concerned or affected without such minor being represented by a next
represented.
friend or guardian for the action, as the case may be, may be discharged on application made
on summary procedure for the purpose ; and, if the registered attorney of the party at whose
instance such order was obtained knew, or might reasonably have known, the fact of such
minority, it may on such application be discharged with costs to be paid by such registered
attorney, provided he was duly made a respondent to the application.
Who may act as 481 .
next friend.
(1) Any person being of sound mind and full age may be appointed next friend
of a minor, provided his interest is not adverse to that of such minor and he is
not a defendant in the action.
(2) Such appointment shall be made after application by way of summary
procedure supported by affidavit showing the fitness of the person proposed,
and also that he has no interest adverse to the minor, and to such application
the defendant shall be made respondent. And on the occasion of any such
application being made the minor should appear personally in court unless
prevented by good cause, such as extreme youth or illness.

On cause shown 482 . If the interest of the next friend of a minor is adverse to that of such minor, or if he is
court may remove
so connected with a defendant whose interest is adverse to that of the minor as to make it
next friend.
unlikely that the minor's interest will be properly protected by him or if he does not do his
duty, or, pending the action, ceases to reside within Sri Lanka, or for any other sufficient
cause, application may be made on summary procedure on behalf of the minor or by a
defendant for his removal; and the court (if satisfied of the sufficiency of the cause assigned)
may order the next friend to be removed accordingly.
Retirement of next 483 .
friend.
(1) Unless otherwise ordered by the court, a next friend shall not retire at his
own request without first procuring a fit person to be put in his place, and
giving security for the costs already incurred.
(2) The application for the appointment of a new next friend shall be on
summary procedure supported by affidavit, showing the fitness of the person
proposed, and also that he has no interest adverse to the minor, and to such
application the defendant shall be made respondent.

Death or removal 484. On the death or removal of the next friend of a minor further proceedings shall be
of next friend.
stayed until the appointment of a next friend in his place.
Appointment of 485. If the registered attorney of such minor omits, within reasonable time, to take steps to
new next friend.
get a new next friend appointed, any person interested in the minor or the matter at issue
may, on summary procedure, apply to the court for the appointment of one, making the
 defendant a respondent to the application; and the court may thereupon appoint such person
as it thinks fit.
Minor's right of 486. A minor plaintiff, or a minor not a party to an action on whose behalf an application is
election on
pending, on coming of age, must elect whether he will proceed with the action or application.
coming of age.
Discharge of next 487 .
friend on minor's
(1) If he elects to proceed with it, he shall apply for an order discharging the
election to
next friend, and for leave to proceed in his Own name.
proceed with
(2) The title of the action or application shall, upon such order being made, be
action.
altered so as to read thenceforth thus: "A. B; late a minor, by C. D., his next
friend, but now of full age ".

Procedure on 488. If he elects to abandon the action or application he shall, if a sole plaintiff or sole
election of sole
applicant, apply for an order to dismiss the action or application, on repayment of the costs
plaintiff to
incurred by the defendant, or respondent, or which may have been paid by his next friend.
abandon on
payment of costs.
Application to be 489 . Any application under section 487 or section 488 may be made ex pane: and the
ex parte.
affidavit of facts upon which it is based must satisfy the court that the late minor has attained
his full age.
Procedure on 490.
election of a co-
(1) A minor CO-plaintiff on coming of age, and desiring to repudiate the
plaintiff to
action, must apply to have his name struck out as co-plaintiff; and the court, if
repudiate.
it finds that he is not a necessary party, shall dismiss him from the action on
such terms as to costs or otherwise as it thinks fit.
(2) The next friend as well as the defendant, shall be served with the petition
of application as respondent, and it must be proved by affidavit that the late
minor has attained his full age ; the costs of all parties of such application and
of all or any proceedings theretofore had in the action shall be paid by such
persons as the court directs. If the !ate minor be a necessary party to the
action, the court may direct him to be made a defendant.

Procedure when 491.

ex-minor applies
(1) If any minor on attaining majority can prove to the satisfaction of the court
to have action
that an action instituted in his name by a next friend was unreasonable or
dismissed as
improper, he may, if a sole plaintiff, apply by way of summary procedure to
unreasonable or
have the action dismissed.
improper.
(2) Notice of the application shall be served on all the parties concerned,
including the next friend, and the court, upon being satisfied of such
unreasonableness or impropriety, may grant the application, and order the
next friend to pay the costs of all parties in respect of the application and of
anything done in the action.

Minor may in 492. Nothing in the foregoing sections shall affect the right of any minor to prosecute any
person sue for
proceedings in a Primary Court for any money which may be due to him for wages or
wages.
piecework, or for work as a servant, artificer, or labourer, in the same manner as if he were of
full age.
Application for 493.
appointment of
(1) An order for the appointment of a guardian for the action may be obtained
guardian ad litem.
upon application on summary procedure in the name and on behalf of the
minor or by the plaintiff. Such application must be supported by an affidavit
verifying the fact that the proposed guardian has no interest in the matters in
question in the action adverse to that of the minor, and that he is a fit person
to be so appointed.
(2) On the occasion of such an application being made, the minor ought to
appear personally in court unless prevented by good cause, such as extreme
youth or illness, from doing so.

When officer of
 494. When there is no other person fit and willing to act as guardian for the action, the court
court may be
may appoint any of its officers to be such guardian, provided that he has no interest adverse
appointed.
to that of the minor.
Co-defendant may495 . A co-defendant of sound mind and of full age with no interest adverse to that of the
be appointed.
minor may be appointed guardian for the action, but a plaintiff cannot be so appointed.
[2,20 of 2002]
Court may remove 496 . If the guardian for the action of a minor defendant does not do his duty, or if other
guardian and
sufficient ground be made to appear, the court may remove him and may order him to pay
litem.
such costs as may have been occasioned to any party by his breach of duty.
Death of 497. If the guardian for the action dies pending such action, or is removed by the court, the
guardian.
court shall appoint a new guardian in his place.
Procedure for 498. When the enforcement of a decree or order is applied for against the heir or
execution of
representative, being a minor, of a deceased party, a guardian for the action of such minor
decree against
shall be appointed by the court, on an application of summary procedure duly made for this
minor heir.
purpose, and the decree- holder shall then serve on such guardian notice of such application.
When court may 499 . No sum of money or other thing shall be received or taken by a next friend or guardian
allow next friend
for the action on behalf of a minor at any time before decree or order, unless he has first
funds for suit.
obtained the leave of the court, and given security to its satisfaction that such money or other
thing shall be duly accounted for to, and held for the benefit of, such minor.
Next friend may 500 .
not compound
(1) No next friend or guardian for the action shall, without the leave of the
action without
court, enter into any agreement or compromise on behalf of a minor with
leave of court.
reference to the action in which he acts as next friend or guardian.
(2) Any such agreement or compromise entered into without the leave of the
court shall be voidable against all parties other than the minor.

This Chapter to 501.

apply to persons
(1) The provisions contained in this Chapter shall, mutatis mutandis, apply in
of unsound mind
the case of persons of unsound mind and mentally deficient persons,
and mentally
adjudged to be so under the provisions of this Ordinance or under any law for
deficient persons.
the time being in force.
[13,53 of 1980]
(2) For the purposes of this section, " persons of unsound mind and mentally
deficient persons ", mean persons who have been so adjudged under the
provisions of this Ordinance or under any law for the time being in force, or
where there has been no such adjudication, persons of whom the court is
satisfied, after inquiry, to be of unsound mind or mentally deficient and
incapable of managing their own affairs.

Majority, what is. 502. For the purposes of this Chapter, a minor shall be deemed to have attained majority or
[2,12 of 1996]
full age on his attaining the age of eighteen years, or on marriage, or on obtaining letters of
venia aetatis.

CHAPTER XXXVI
ACTIONS BY AND AGAINST PERSONS IN THE NAVAL,
MILITARY, OR AIR SERVICE
Actions by or , 503.
against persons in
(1) When any officer in the naval military, or air service or any sailor, soldier,
the naval, military
or airman actually serving the Government in the capacity of a member of a
or air force.
naval, military, or air force is a party to an action, and cannot obtain leave of
absence for the purpose of prosecuting or defending the action in person, he
may authorize any person to sue or defend in his stead.
Authority to (2) The authority shall be in writing, and shall be signed by the party in the
agent. presence of-
(a) his commanding officer, or of the next subordinate officer if the
party be himself the commanding officer; or
(b) where the party is serving in naval, military, or air force staff
 employment, the head or other superior officer of the office in
which he is employed. Such commanding or other officer shall
countersign the authority, which shall be filed in court.

(3) When so filed, the counter-signature shall be sufficient proof that the
authority was duly executed, and that the party by whom it was granted could
not obtain leave of absence for the purpose of prosecuting or defending the
action in person.

Explanation 1
In this Chapter the expression " commanding officer" means the
officer in actual command for the time being of any ship, regiment,
corps, detachment, or naval, military, or air depot to which the
party belongs.
Agent may sue or 504. Any person authorized by such party to prosecute or defend an action in his stead may
defend in person.
prosecute or defend it in person in the same manner as such party could do if present; or he
may appoint an attorney-at-law to prosecute or defend the action on behalf of such party.
Service of 505. Processes served upon any person authorized by any party under section 503, or
process in such
upon any attorney-at-law appointed as aforesaid by such person to act for or on behalf of
cases.
such party, shall be as effectual as if they had been served on the party in person or on his
registered attorney ; and no process in the action shall be served upon such party personally
without express order of court.
Copy of summons 506 .
may be sent to
(1) When any naval, military, or air officer or any sailor, soldier, or airman is a
commanding
defendant, a copy of the summons shall be sent by the Fiscal to his
officer for service.
commanding officer for the purpose of being served on him. The officer to
whom such copy is sent shall cause it to be served on the person to whom it
is addressed, if practicable, and shall return it to the Fiscal with the written
acknowledgment of such person endorsed thereon.
(2) The officer to whom such copy is sent shall cause it to served on the
person to whom it is addressed, if practicable, and shall return it to Fiscal with
the written acknowledgment of such person endorsed thereon.
(3) If from any cause the copy cannot be so served, it shall be returned to the
Fiscal by whom it was sent, with information of the cause which has prevented
the service.

Warrant of arrest 507.

may likewise be
(1) If, in the execution of a decree, a warrant of arrest or other process is to
delivered for
be executed within the limits of a cantonment, garrison, or naval, military, or
execution.
air station, the officer charged with the execution of such warrant or other
process shall deliver the same to the commanding officer.
(2) The commanding officer shall, if the person named therein is by law liable
to arrest, back the warrant or other process with his signature, and shall in the
case of a warrant of arrest cause such person, if within the limits of his
command, to be arrested and delivered to the officer so charged.

CHAPTER XXXVII
ACTIONS OF ACCOUNT
Actions of 508. When the claim which is made in the plaint, or is set up in the answer, is such that the
account.
action cannot be disposed of, or a complete and final decree made in the matter thereof
between the parties without the taking of accounts, or the making inquiry into facts, or the
demarcation of land, or the realization of assets, as the case may be, it shall be competent to
the court to adjudicate piecemeal upon the matters in issue, and in such adjudications to
make interlocutory decrees or orders of a final character between the parties at hearings had
by successive adjournments; and, in particular, to take any accounts, and to make an inquiry
into facts separately from the remaining matter of the action on a day to be appointed for the
purpose, and to issue the necessary directions or commissions for the demarcation of land or
realization of assets, and to adjourn the hearing from time to time for further orders or
 directions, or for final determination, to such dates as may be necessary or convenient to
enable the accounts to be taken, the inquiries made, and the demarcation of land or
realization of assets, as the case may be, to be effected, in the interval.
Interlocutory order 509 . In any such case the order of adjournment for the purpose of the accounts being
for taking
taken, inquiries made, or commissions or directions issued, must adjudicate (either by
accounts, & c.
consent or upon admissions of the parties, or upon other sufficient evidence) upon so much
of the rights of, or of the fiduciary relations between, the parties, which are at issue in the
action, as may suffice to give rise to the liability of the respective parties affected by the order
to account, or may serve to render the inquiries, directions, or commissions thereby directed
proper and necessary.
Form and scope 510 . Every order directing an account to be taken, or giving leave to a party to falsify or to
of order.
surcharge an account, shall appoint a day for the filing of the account or of the document of
falsification or surcharge, and also a subsequent time for the opposing party to file objections
thereto, and again a later time for the hearing and determination of the issues between the
parties arising out of the objections, and for the finding on the footing of such determination
of the state of the account directed to be taken.
The taking of the 511 . The account directed to be taken, before it is filed, must be verified on oath or
accounts.
affirmation by the accounting party. Objections to the account may be filed by any party
concerned in the right taking of the accounts and may be directed as well to adding new
entries or enhancing existing entries on the debit side of the accounting party, as to falsifying
the account given by him in any particular. And the trial of the issues arising out of the
objections to the account shall conform, as nearly as may be, in regard to the order and
method of proceeding and the taking of evidence, to the rules hereinbefore laid down for the
trial of a regular action.
Reasonable care 512 . The day for filing the account directed to be taken, and the times for filing the
to be taken in
objections thereto, and for the hearing and determination of the issues arising there out, shall
appointing the
respectively be fixed with a due regard to the circumstances of the matter and the situation of
days for the
the parties therein, so that reasonable opportunity may be afforded to the accounting party to
purpose.
make out his account, to the opposing party to examine the same and to satisfy himself in
respect to its correctness, and to all panics to prepare for trial.
Procedure where 513 . In the event of the accounting party not duly filing his account, and not satisfying the
party makes
court that there is just cause for his default, the court shall proceed with the hearing of the
default.
matter of the account and adjudicate upon the same on the day appointed therefor by finding
the actual state of the account directed to be taken upon such materials as may be furnished
by the opposing party:
Provided, nevertheless, that any reasonable extension of time which may be bona fide
required by any party, either for filing accounts or objections thereto, or for preparing for trial,
may be granted by the court on such terms as it may think proper, if such extension of time
be applied for at the earliest possible moment, upon materials showing good and sufficient
ground, and upon notice to the other parties concerned.
What provision 514. When an order is made in an action for an inquiry into facts, the foregoing rules shall,
apply when an
mutatis mutandis, apply to the making of the order, the filing of the state of facts and of the
order is made in
objections thereto, or counter state of facts, and to the trial of the issues arising there out
an action for an
respectively, so nearly as reasonably may be.
inquiry.
Adjournment of 515 . When the hearing of an action is adjourned for the intermediate taking of accounts,
the hearing until
making of inquiries, or execution of commissions , or of other directory orders, the interval of
after the accounts
adjournment shall be adjusted with immediate reference to the proceedings prescribed by the
& c shall have
foregoing rules for such interlocutory matter, so as to allow of its being conveniently
been taken.
completed before the resumption of the hearing so adjourned. And the order for adjournment
shall include or comprehend the orders and directions requisite under these rules for the
taking of the accounts or executing the other matters for which the adjournment is made:
Provided, nevertheless, that any reasonable extension of the time of adjournment which may
seem to the court necessary, or which may be bona fide required by any party, in
consequence of extension of time being granted for, or of delay in, or prolongation of, the
proceedings of the interlocutory matters, or upon other good and sufficient ground shown by
proper evidence, may be ordered by the court either on the day to which the hearing is
adjourned, or upon any other day, provided reasonable notice of the application to the court
 for the extension of the time of adjournment be afforded to all parties.

CHAPTER XXXVIII
TESTAMENTARY ACTIONS
Deposit of the will 516. When any person shall die leaving a will in Sri Lanka, the person in of whose keeping
of deceased.
or custody it shall have been deposited, or who shall find such will after the testator's death,
[4,14 of 1993]
shall produce the same to the District Court of the district in which such depository or finder
resides, or to the District Court of the district in which the testator shall have died, as soon as
reasonably may be after the testator's death. And he shall also make oath or affirmation, or
produce an affidavit (form No. 81, First Schedule) verifying the time and place of death, and
stating (if such is the fact) that the testator has left property within the jurisdiction of that or
any other, and in that event what, court, and the nature and value of such property; or, if
such is the fact, that such testator has left no property in Sri Lanka.
The will so produced shall be numbered and initialed by the Probate Officer and deposited
and kept in the record room of the District Court.
Application for 517.
probate or
(1) When any person shall die leaving a will under or by virtue of which any
administration.
property in Sri Lanka is in any way affected, any person appointed executor
[4,14 of 1993]
therein may apply to the District Court of the district within which he resides, or
within which the testator resided at the time of his death, or within which any
land belonging to the testator's estate is situate, within the time limit and in the
manner specified in section 524, to have the will proved and to have probate
thereof granted to him; any person interested, either by virtue of the will or
otherwise, in having the property of the testator administered, may also apply
to such court to have the will proved and to obtain grant to himself of
administration of the estate with copy of the will annexed.
(2) If any person who would be entitled to administration is absent from Sri
Lanka a grant of letters of administration with or without the will annexed, as
the case may require, may be made to the duly constituted attorney of such
person.

Probate or 518. In every case where a will is deposited in court after the coming into operation of this
administration
Chapter, and no application has been made by any person to have the will proved and
compulsory when
probate granted in respect thereof, the court shall in accordance with the procedure set out in
there is a will.
respect of the grant of probate or letters of administration on application made thereto,
[4,14 of 1993]
proceed to grant probate of the will, to the executor or executors named in such will, or letters
of administration with or without the will annexed, as the case may require, to some person
who by the provisions of the last preceding section is competent to apply for the same, or to
some other person who in the opinion of the court, by reason of consanguinity, amount of
interest, the safety of the estate and probability that it will be properly administered, is a
proper person to be appointed administrator and in every such case letters of administration
may be limited or not in manner hereinafter provided, as the court thinks fit.
When Public 519. Where there is no person fit and proper in the opinion of the court to be appointed
Trustee may be
administrator in the manner provided, in the last preceding section or no such person is
appointed.
willing to be so appointed, and not in any other case, the court shall appoint the Public
[4,14 of 1993]
Trustee as administrator.
Security. 520. In every case in which it is found necessary, whether by reason of such executor as
[4,14 of 1993]
aforesaid not applying for probate, or by reason of there being no executor resident in Sri
Lanka competent and wiling to act, or by reason of no person who is competent under
section 517 to apply for letters of administration, so applying, that any such person as is
mentioned, in section 518 should be appointed administrator, the court shall take from such
person security for the due administration of the estate, and shall for this purpose require
such person to enter into a Bond with two good and sufficient sureties in form No. 90 in the
First Schedule, for the due administration of the deceased person's property, and it shall not
in any case be competent for the court to dispense with such security.
Application for 521.
administration by
(1) Whenever the Public Trustee applies for letters of administration, it shall be
the Public
 sufficient if the petition presented for the grant of such letters states-
Trustee.
(a) the time and place of the death of the deceased to the best of
[4,14 of 1993]
the knowledge and belief of the petitioner;
(b) the names and addresses of the heirs of the deceased, if
known;
(c) the full and true particulars of the property left by the
deceased as far as he has been able to ascertain the same;
(d) particulars of the liabilities of the estate, if known.

(2) The Public Trustee shall not be required to file accounts of the property of
the deceased unless the court otherwise directs.

Duties of Public 522. Whenever the Public Trustee has obtained probate in respect of a will or grant of
Trustee in
letters 01 administration in respect of the estate of a deceased person, he shall as far as
administering
practicable, comply with the provisions of this Chapter relating to the administration of
estates.
estates:
[4,14 of 1993]
Provided that the Public Trustee shall not be required-
(a) to take any oath as executor or administrator;
(b) to furnish any bond or security, but shall be subject to the same liability
and dues as if he had given such bond or security;
(c) to affix stamps on any document at or about the time of the making of such
document; but shall eventually make such payment as required by the Stamp
Ordinance;
(d) unless the court otherwise directs, to tender final accounts.

To whom grant 523. In the case of a conflict of claims to have the will proved and probate or grant of
should be made.
administration issued, the claim of an executor or his attorney shall be preferred to that of all
[4,14 of 1993]
others, and the claim of a creditor shall be postponed to the claim of a residuary legatee or
devisee under the will. And in the like case of a conflict of claims for grant of administration
where there is intestacy, the claim of the widow or widower shall be preferred to all others,
and the claim of an heir to that of a creditor:
Provided, however, that the court may for good cause supersede the claim of the widow or
widower.
Mode of 524.
application and
(1) Every application to the District Court to have the will of a deceased
proof in case of a
person proved, shall be made within a period of three months from the date of
will.
finding of the will, and shall be made by way of petition and affidavit and such
[4,14 of 1993]
petition shall set out in numbered paragraphs-
(a) the fact of the making of the will;
(b) the details and the situation of the deceased's property;
[2, 38 of (bb) the heirs of the deceased to the best of the petitioner's
1998]
knowledge;
(c) the grounds upon which the petitioner is entitled to have the
will proved; and
(d) the character in which the petitioner claims (whether as
creditor, executor, administrator, residuary legatee, legatee heir or
devisee).

(2) If the will is not already deposited in the District Court in which the
application is made, it must either be appended to the petition, or must be
brought into court and identified by affidavit, with the will as an exhibit thereto,
or by parol testimony at the time the application is made.
(3) Every person making or intending to make, an application to a District
Court under this section to have the will of a deceased person proved, which
will is deposited in another District Court, is entitled to procure the latter court
to transmit the said will to the court to which application is to be made, for the
purpose of such application. Also the application must be supported by
sufficient evidence either in the shape of affidavits of facts, with the will as an
exhibit thereto, or of oral testimony, proving that the will was duly executed
 according to law, and establishing the character of the petitioner according to
his claim.
(4) The petitioner shall tender with the petition-
(a) draft order nisi;
(b) the requisite stamps for the order nisi and service thereof;
(c) draft notice of order nisi in the form No. 84A in the First
Schedule;
(d) the consent in writing of such respondents as consent to his
application,

Duty to report 525. When any person shall die in Sri Lanka without leaving a will, it shall be the duty of the
where person dies
widow, widower, or next of kin of such person, if such person shall have left property in Sri
leaving property
Lanka amounting to or exceeding in value five hundred thousand rupees, within one month of
exceeding five
the date of his death to report such death to the District Court of the district in which he shall
hundred thousand
have so died, and at the same time to make oath or affirmation or produce an affidavit
rupees in value.
verifying the time and place of such death, and stating if such is the fact, that the intestate
[4,14 of 1993]
has left property within the jurisdiction of that or any other, and in that event what court, and
the nature and value of such property.
Who may apply 526 . When any person shall die without leaving a will or where the will cannot be found,
for letters of
and such person shall have left property in Sri Lanka-
administration.
(a) any person interested in having the estate of the deceased administered
[4,14 of 1993]
may apply for the grant to himself of letters of administration; or
(b) any heir of the deceased may apply for the issue of certificates of heir ship
to each of the heirs entitled to succeed to the estate of the deceased.

Such application shall be made in accordance with section 528 to the District Court of the
district within which the applicant resides, or within which the deceased resided at the time of
his death, or within which any land belonging to the deceased's estate is situate.
Administration 527. In case no person shall apply for the grant of letters of administration or for the issue
compulsory where
of certificates of heir ship, as the case may be, and it appears to the court necessary or
estate is over five
convenient to appoint some person to administer the estate or any part thereof, it shall be
hundred thousand
lawful for the court in its discretion, and in every such case where the estate amounts to, or
rupees in value.
exceeds in value, five hundred thousand rupees, the court shall in accordance with the
[4,14 of 1993]
procedure set out in this Chapter appoint some person, whether he would under ordinary
circumstances be entitled to take out administration or otherwise, to administer the estate,
and the provisions of sections 518 to 521, both inclusive, shall apply, so far as the same can
be made applicable, to any such appointment.
Mode of 528.
application for
(1) Every application to the District Court for grant of letters of administration
letters of
or for the issue of certificates of heir ship shall be made within three months
administration or
from the date of death, and shall be made by way of petition and affidavit, and
certificates of
such petition shall set out in numbered paragraphs-
heirship.
(a) the fact of the absence of the will;
[4,14 of 1993]
(b) the death of the deceased;
(c) the heirs of the deceased to the best of the petitioner's
knowledge;
(d) the details and the situation of the deceased's property;
(e) the particulars of the liabilities of the estate;
(f) the particulars of the creditors of the estate;
(g) the character in which the petitioner claims and the facts
which justify his doing so;
(h) the share of the estate which each heir is entitled to receive, if
agreed to by the heirs.

(2) The application shall be supported by sufficient evidence to afford prima

facie proof of the material averments in the petition, and shall name the next
of kin of the deceased as respondents. If the petitioner has no reason to
suppose that his application will be opposed by any person, he shall file with
his petition an affidavit to that effect.
 (3) The petitioner shall tender with the petition-
(a) proof of payment of charges to cover the cost of publication of
the notice under section 529;
(b) the consent in writing of such respondents as consent to his
application.

Publication of 529.
notice relating to
(1) Every application to a District Court under section 524 or 528 shall be
application under
received by the Probate Officer of the District Court, and shall be registered in
section 524 or
a separate register to be maintained for that purpose by the Probate Officer
528.
who shall thereafter cause the required publications to be made in terms of
[4,14 of 1993]
subsection (2).
(2) The Probate Officer of a District Court shall, on any day of the week
commencing on the third Sunday of every month cause a notice in form No.
84 in the First Schedule to be published in a prescribed local newspaper in
Sinhala, Tamil and English, incorporating the information relating to-
(i) every application under section 524 or 528 received by that
District Court in the preceding one month ; and
(ii) every application under section 524 or 528 received by that
District Court and incorporated for the first time in the notice
published in respect of such District Court in the previous month,

so however that the information in respect of every application under section

524 or 528 received by every District Court is published on two separate
occasions in two consecutive months.
(3) The notice published under subsection (2), shall call upon persons having
objections to the making of an order declaring any will proved, or the grant of
probate or of letters of administration with or without the will annexed, or the
issue of certificates of heir ship to any person to whom the notice relates, to
submit their written objections, if any, supported by affidavit, before such date
as is specified in the notice, being a date not earlier than sixty days and not
later than sixty-seven days from the date of the first publication referred to in
subsection (2).
(4) Copies of such objections if any, shall be forwarded by the person making
the same to the person making the application under section 524 or 528, as
the case may be, and shall also be served on the other parties named in such
objections.

Appointment of 530. If any of the heirs, legatees or beneficiaries named in such notice is a minor without a
guardian or
natural guardian, or person of unsound mind, without a guardian, steps shall be taken for the
manager.
appointment of a guardian or manager, upon the making of an application to the District
[4,14 of 1993]
Judge, which application shall be heard in Chambers.
Order on 531.
application made
(1) If no objections are received in relation to any application received under
under section 524
section 524 or 528 in response to a notice published under section 529, on or
or 528.
before the date specified in such notice in respect of such application, the
[4,14 of 1993]
court shall-
(a) in the case of an application under section 524, if the court is
satisfied that the evidence adduced is sufficient to afford prima
facie proof as to the due making of the will and the character of
the petitioner, it shall make order declaring the will to be proved
and if the applicant claims-
(i) as the executor or one of the executors of the will,
and asks that probate thereof be granted to him the
order shall declare that he is executor, and shall direct
the grant of probate to him accordingly, subject to the
conditions hereinafter prescribed; or
(ii) in any other character than that of executor, and
asks that the administration of the deceased's property
 be granted to him, then the order shall include a grant
to the applicant of a power to administer the
deceased's property according to the will with a copy of
the will annexed; or

(b) in the case of an application under section 528-

(i) make order for the grant of letters of administration
to the petitioner subject to the conditions hereinafter
prescribed; or
(ii) make order for the issue of a certificate of heir ship
in form No. 87A in the First Schedule, to each of the
heirs mentioned in the application, stating also the
share of the estate which each heir is entitled to
receive, if agreed to by the heirs;

(c) in the case of an application under section 528 for the issue of
certificates of heir ship, make order for the grant of letters of
administration, instead, to some person entitled to take out
administration, subject to the conditions hereafter prescribed, if in
the opinion of court it is necessary to appoint some person to
administer the estate.

(2) The certificates of heir ship issued under subsection (1) (b) (ii) above shall
be sufficient proof of the true heirs of the deceased referred to therein, and
may be produced for the purpose of claiming any share in respect of any
right, title or interest, accruing upon intestacy.
(3) For the purpose of making an order under subsection (1), the Probate
Officer shall submit all papers, relevant to the application in question, to the
District Judge in Chambers on the day following the date specified in the
notice published under section 529, in respect of such application and the
court shall forthwith make an appropriate order.

Procedure where 532 .

there are
(1) If any objections are received in relation to any application under section
objections to
524 or 528 in response to a notice published under section 529, on or before
applications under
the date specified in such notice in respect of such application, the court shall
section 524 or
proceed to hear, try and determine such application in accordance with the
528.
procedure herein provided and may for such purpose name a day for final
[4,14 of 1993]
hearing and disposal of such application and may in addition, make such
order as it may consider necessary under section 541 hereof.
(2) For the purpose of making an order under subsection (1), the Probate
Officer shall submit all papers, relevant to the application in question, to the
District Judge in Chambers on the day following the date specified in the
notice published under section 529.

Effect of acting in 532A . Where upon the production of a certificate of heir ship issued by a District Court,
pursuance of a
under section 531(1) (b) (ii), any money, movable property or certificate is handed over or
certificate of
transferred in pursuance of such certificate, by any bank or institution to any heir entitled to
heirship.
the same, such handing over or transfer shall be deemed to be in discharge of an obligation
[4,14 of 1993]
to the deceased in respect of whose estate the certificate of heir ship is so issued.
At final hearing 533. If on the day appointed for final hearing, or on the day to which it may have been duly
court to frame
adjourned the respondent or any person upon whom the order nisi has been directed to be
issues.
served, or any person then appearing to be interested in the administration of the deceased's
[4,14 of 1993]
property, satisfies the court that there are grounds of objection to the application, such as
ought to be tried on viva voice evidence, then the court shall frame the issues which appear
to arise between the parties, and shall direct them to be tried on a day to be then appointed
for the purpose under section 386.
Orders that may 534
be made on final
(1) If at the final hearing, or on the determination of the issues thus framed it
hearing.
shall appear to the court-
[4,14 of 1993]
(a) that the prima facie proof of the material averments in the
application have not been rebutted, the court shall forthwith make
order for the grant of probate or letters of administration with the
will annexed or grant of administration only subject to the
conditions hereinafter prescribed, or for the issue of certificates of
heir ship, as the case may be; or
(b) that the prima facie proof of the material averments in the
petition have been rebutted then the court shall dismiss the
petition, and in the event of any person who has filed objections
having at such hearing, or trial of issues, established his right to
have probate or administration of the deceased's estate granted
to him instead of to the petitioner, then the court shall further
make an order to that effect in his favour subject to the conditions
hereinafter prescribed; or
(c) that any person listed in the petition as an heir is not in fact an
heir, or that any other person not listed in the petition as an heir
has established his right to be recognised as an heir, then the
court shall make an order accordingly; or
(d) that, in the case of an application for the issue of certificates
of heir ship to the heirs of any deceased, that letters of
administration ought to be granted instead, for the administration
of the estate of such deceased, then the court shall make order
for the grant of administration in accordance with the provisions
of this Chapter, subject to the conditions hereinafter prescribed.

(2) The dismissal of any petition shall not be a bar to a renewal of the
application by the petitioner as long as grant either of probate of the
deceased's will, or of administration of his property, shall not have been made,
either on the occasion of this application or subsequently thereto, to some
person other than the petitioner.

Procedure where 535.

corporation is
(1) Where a corporation is appointed executor under a will either alone or
appointed
jointly with another person, the court may grant probate to such corporation
administrator or
either solely or jointly with such other person as the case may require, and the
executor.
corporation may act as executor accordingly.
[4,14 of 1993]
(2) Letters of administration may be granted to any corporation either solely or
jointly with another person and the corporation may act as administrator
accordingly.
(3) Any officer, authorized for the purpose by such corporation, may swear
affidavits, take the oath of office, give security, and do any other act or thing,
which the court may require on behalf of the corporation and the acts of such
officer shall be binding on the corporation.

Who may file 536. At any time after the notice published under section 529 and before the final hearing
caveat.
of the petition, it shall be competent to any person interested in the will or in the deceased
[4,14 of 1993]
person's property or estate, though not a person specified in the petition, to intervene, by
filling in the same court a caveat as set out in form No. 93 in the First Schedule against the
allowing of the petitioner's claim or a notice of opposition thereto, and the court may permit
such person to file objections, if any, and may adjourn the final hearing of the petition.
Power to recall, 537. In any case where a certificate of heir ship has issued, or probate of a deceased
revoke or cancel
person's will or administration of a deceased person's property has been granted it shall be
probate
competent to the District Court to cancel the said certificate, or recall the said probate or
administration or
grant of administration, and to revoke the grant thereof, upon being satisfied that the
certificate of
certificate should not have been issued or that the will ought not to have been held proved, or
heirship.
that the grant of probate or of administration ought not to have been made; and it shall also
[4,14 of 1993]
be competent to the District Court to recall the probate or grant of administration, at any time
upon being satisfied that events have occurred which render the administration here under
impracticable or useless.
Transitional for
 538. All applications for the cancellation, recall or revocation of certificates of heir ship,
recall & c.
probate or grant of administration shall be made by petition, in pursuance of the rules of
[4,14 of 1993]
summary procedure, and no such application shall be entertained unless the petitioner shows
in his petition that he has such an interest in the estate of the deceased person as entitles
him in the opinion of the court to make such application.
Inventory and 539.
valuation.
(1) In every case where an order has been made, by a District Court declaring
[4,14 of 1993]
any person entitled to have probate of a deceased person's will, or
administration of a deceased person's property granted to him it shall be the
duty of the said person, executor or administrator, in whose favour such order
is made, to take within fifteen days of the making of such order, the oath of an
executor or administrator as set out in form No. 92 in the First Schedule, and
thereafter to file in court within a period of one month from the date of taking
of the oath, an inventory of the deceased person's property and effects, with a
valuation of the same as set out in form No. 92 in the First Schedule and the
court shall forthwith grant probate or letters of administration, as the case may
be.
(2) Upon the making of an order under section 531(1) (b) (ii) declaring any
person entitled to have issued to him a certificate of heir ship, the court shall
forthwith issue such certificate to such person.

Limited probate or 540 . It is competent to the District Court to make a grant of probate or a grant of
administration.
administration, limited, either in respect to its duration, or in respect to the property to be
[4,14 of 1993]
administered thereunder, or to the power of dealing with that property which is conveyed by
the grant, in the following cases :-
(a) When the original will of the deceased person has been lost since the
testator's death, but a copy has been preserved, probate of that copy may be
granted, limited until the original be brought into court.
(b) In the like event, and with the like limitation, if no copy has been preserved,
probate of a draft will may be granted, or if in addition no draft is available,
then probate of the contents or of the substance and effect of the will, so far
as they can be established by evidence, may be granted.
(c) When the original will is in the hands of some person residing out of Sri
Lanka, who cannot be compelled to give it up to the executor, and if the
executor produces a copy, then probate of that copy may be granted, limited
until the original be brought into court, if, however, the will has been duly
proved out of Sri Lanka, probate may be granted, to the executor on a proper
exemplification of the foreign probate without any limitation in the grant.
(d) If the sole executor of a will does, or if there are more executors than one
and all the executors reside, out of Sri Lanka, or such of the executors as
reside in Sri Lanka decline to act, then the court may grant administration, with
copy of the will annexed to any person within Sri Lanka, as attorney of the
executor or of the executors, who shall be appointed for that purpose by
power of attorney, the grant so made being limited for the use and benefit of
the principal until the executor or one of the executors comes in and obtains
probate for himself. If the document admitted to proof in this case be a copy
of, or substitute for the original on account of the original itself not being
forthcoming by reason of one of the just-mentioned causes, the grant shall
further be limited until the original is brought into court: Provided also, that if
the person applying for the grant is not the attorney of all the executors, where
there are more than one, the grant of administration shall not be made to him
until the remaining executors have declined to act.
(e) In the case of a will, and there being no executor within Sri Lanka willing to
act, grant of administration with copy of the will annexed may be made to the
attorney of an absent residuary legatee, or heir limited until the principal shall
come in and obtain administration for himself; or in the like case, the grant
may be made to the guardian of a minor residuary legatee, within Sri Lanka,
limited during the minority, or to the manager of the estate of a residuary
legatee who is of unsound mind, within Sri Lanka, limited during the
 unsoundness of mind.
(f) In the case of intestacy, grant of administration of the deceased person's
property may be made, limited in like manner to the guardian of a minor heir
or to the manager of the estate of an heir who is of unsound mind.
(g) The court may grant probate or administration limited to any particular
property or for any particular purpose, in any case where it considers that a
larger grant is unnecessary. In all the foregoing cases, the material and
relevant facts necessary to justify the court in making the limited grant must be
set out in the petition of application, and must be established by prima facie
evidence before the order is made.

Administration 541.
pendente lite.
(1) Where any legal proceeding touching the validity of the will of a deceased
[4,14 of 1993]
person or for obtaining, recalling or revoking grant of probate or letters of
administration or for obtaining certificate of heir ship is pending, the court may,
either on the ground of undue delay or for any sufficient cause-
(i) grant letters of administration to the estate of the deceased, to
an administrator limited for the duration of such proceeding, such
administrator shall be subject to the immediate control of the
court and act under its direction and shall not have the right of
distributing the estate; or
(ii) if it become necessary to sell any property of the estate of a
deceased person prior to the grant of probate or letters of
administration the court may grant letters limited for the purpose
of selling such property in which event the property shall then be
specified in the grant and such grant shall expressly state that the
letters are issued subject to the following conditions :-
(a) that the sale shall be if by private treaty, at the price
fixed by court or if by public auction either at an upset
price of otherwise;
(b) that the net proceeds of the sale shall be deposited
in court within such time as the court may prescribe;
(c) that the administrator to whom the letters are issued
is not empowered to execute any deed of conveyance
of immovable property, prior to the confirmation of sale
by the court; and
(d) any other stipulation the court may in the
circumstances deem fit to impose.

(2) Before making an order for grant of letters under this section, the
respondents to the original petition for probate or letters of administration, or
certificates of heir ship shall be given notice of the application and they or any
other person interested in the estate shall be heard in opposition unless they
or any of them shall have signified their assent to such sale.

Power of 542. If no limitation is expressed in the order making the grant, then the power of
administration
administration, which is authenticated by the grant of probate, or is conveyed by the grant of
when not limited.
letters of administration, extends to every portion of the deceased person's property, movable
[4,14 of 1993]
and immovable, within Sri Lanka, other than such property as is deemed under section 554A
not to be the property of the deceased, or so much thereof as is not administered, and
endures for the life of the executor or administrator or until the whole of the said property is
administered, according as the death of the executor or administrator, or the completion of
the administration, first occurs.
Issue of letters ad 543 . If any person shall die leaving property in Sri Lanka, the Judge of the court of any
colligenda.
district in which such property shall be situate shall, on the facts being verified to his
[4,14 of 1993]
satisfaction and it being made to appear that there is not some next of kin or other person in
Sri Lanka, entitled to administration of the estate of the person so dying, issue letters ad
colligenda in the form No. 91 in the First Schedule to one or more responsible persons to
take charge of such property until the same shall be claimed by some executor or
 administrator lawfully entitled to administer the same, or by any heir to whom a certificate of
heir ship shall have been issued.
Nomination. 544.
[4,14 of 1993]
[ 2,4 of 2005] (1) Any person over sixteen years of age who has-
[ 2,34 of 2000]
(a) moneys in any account, other than a current account, in any
licensed Commercial Bank or licensed Specialized Bank, within
the meaning of the Banking Act, No. 30 of 1988;
[3,20 of (b) any share in a company registered in terms of the Companies
2002]
Act, No. 17 of 1982 or established under any written law for the
time being in force ; or
(c) any life insurance policy issued by the Insurance Corporation
of Sri Lanka, established by the Insurance Corporation Act, No. 2
of 1961, or by any corporation incorporated under the Insurance,
(Special Provisions) Act, No. 22 of 1979, or by any company
registered under the Control of Insurance Act, No. 25 of 1962, as
being authorised to transact insurance business;
(d) any money in deposit in any finance company registered
under the Finance Companies Act, No. 78 of 1988;
[3,34 of (e) any other movable property in any vault, in any licensed
2000]
Commercial Bank or licensed Specialized Bank, within the
meaning of the Banking Act, No. 30 of 1988.
[ 2,4 of 2005] (f) any instrument relating to any monetary interest (other than a
bearer instrument or a negotiable instrument) issued by a
company or other body of persons established in terms of any law
for the time being in force.

For the purposes of paragraph (f) of this subsection -

[ 2,4 of 2005] "instrument" means a legally enforceable agreement expressing a contractual
right to the payment of money ; and
"bearer instrument" means a negotiable instrument transferable from one
person to another, upon certain conditions being met.".
(2) A nomination made under subsection (1) shall have effect upon the death
of the nominator notwithstanding anything in his last will to the contrary.
(3) Any nomination made under subsection (1) shall be deemed to be revoked
by the death of the nominee in the lifetime of the nominator or by written
notice of revocation signed by the nominator in the presence of a witness
(who shall attest the signature of the nominator) or by any subsequent
nomination made by the nominator.
(4) No money, certificates or other movable property shall be handed by the
Bank or institution, as the case may be, to any nominee unless the nominee
satisfies the Bank or institution as to his true identity.
(5) The handing over, or transferring of, any money, share certificate or
deposit certificate or other movable property to any nominee of a nominator
who has died, shall be a complete discharge of the obligations of the Bank or
institution, in respect of the money, or other movable property, lying to the
credit of, or in the name of, such nominator, or under such insurance policy.

No action 545. No person shall-

maintainable in
(a) maintain any action for the recovery of any property; or
certain cases.
(b) effect any transfer of any property,
[4,14 of 1993]
movable or immovable, in Sri Lanka, belonging to, or included in, the estate or effects of any
person dying testate or intestate in or out of Sri Lanka within twenty years prior to the
institution of action or the effecting of the transfer, unless grant of probate has been issued in
the case of a person dying testate or letters of administration or certificates of heir ship have
been issued, in the case of a person dying intestate and leaving an estate amounting to, or
exceeding, five hundred thousand rupees in value.
Probate when 546. When a person is appointed executor of a will for a particular purpose only of the will,
executor is
and not executor of the will generally, probate will be granted to him limited for that purpose
appointed for a
only.
limited period.
[4,14 of 1993]
Fresh grant, when 547 . When a sole executor or a sole surviving executor to whom probate has been granted,
allowed.
or a sole administrator or a sole surviving administrator to whom a grant of administration has
[4,14 of 1993]
been made, dies leaving a part of the deceased's property unadministered, then a fresh grant
of administration may be made in respect of the property left unadministered according to the
rules hereinbefore prescribed for a first grant.
Rectification of 548. Errors in names and descriptions, or in setting forth the time and place of the
errors.
deceased's death or the purpose in a limited grant, may be rectified by the court, and
[4,14 of 1993]
probate, letters of administration or certificates of heir ship so granted or issued may be
altered and amended accordingly.
Compensation of 549 . Compensation shall be allowed to executors and administrators by way of commission
executors and
as well on property not sold but retained by the heirs, as on property sold by such executors
administrators.
and administrators, at such rate not exceeding three per centum, and on cash found in the
[4,14 of 1993]
estate and on property specially bequeathed, at such rate not exceeding one and a half per
centum, as the court shall, after taking into consideration the circumstances of each particular
case with reference to the trouble incurred by such executors or administrators, determine. In
no case shall a larger sum than five thousand rupees be allowed to any executor or
administrator as such compensation, unless it shall be made apparent to the court that such
unusual trouble has fallen upon him as to entitle him, in the opinion of the court, to receive
further remuneration.
Compensation of 550 . Each executor or administrator shall be entitled to the full compensation allowed by
several executors.
law to a sole executor or administrator, unless there are more than three, in which case the
[4,14 of 1993]
compensation to which three would be entitled shall be apportioned among them all
according to the services rendered by them respectively, and a like apportionment shall be
made in all cases where there shall be more than one executor or administrator. But where
the will provides a specific compensation for an executor or administrator, he shall not be
entitled to any allowance other than that so provided, unless he files in court a written
renunciation of the specific compensation.
Filing of accounts. 551 . Every executor and administrator shall file in the District Court, on or before the
[4,14 of 1993]
expiration of twelve months from the date upon which probate or grant of administration
issued to him, or within such further time as the court may allow, a true and final account of
his executor ship or administration, as the case may be, verified on oath or affirmation, with
all receipts and vouchers attached, and may at the same time pay into court any money
which may have come to his hands in the course of his administration to which any minor or
minors may be entitled:
Provided that where the parties consent, the filing of such account and payment shall be
dispensed with on payment of the stamp duty that would have been otherwise payable on the
filing of such account, and the proceedings shall then be closed.
Executor or 552. If any executor or administrator shall fail to pay over to the creditors, heirs, legatees, or
administrator
other persons the sums of money to which they are respectively entitled within one year after
failing to
probate or administration is granted, such executor or administrator shall be liable to pay
administer within
interest out of his own funds for all sums which he shall retain in his own hands after that
one year liable for
period, unless he can show good and sufficient cause for such detention.
interest.
[4,14 of 1993]
Offences. 553.
[4,14 of 1993]
(1) Any person who wilfully conceals the existence of a will or knowingly fails
to comply with the provisions of section 516 shall be guilty of an offence and
shall be liable to a fine equivalent to the value of the estate dealt with in the
will.
(2) Any person who wilfully-
(a) fails to disclose the existence of any heirs of the deceased; or
(b) makes a false statement regarding any heir of the deceased;
or
(c) makes a false statement regarding the property, the creditors
or debtors of the deceased; or
(d) makes any other false statement relating to any matter which
 is required to be set out,

in any application made under section 524 or 528, shall be guilty of an offence
and be liable to a fine equivalent to the value of the share or shares devolving
on the heir or heirs who have not been disclosed or the value of the property
with regard to which the false statement has been made, as the case may be.

Transitional 554.
provisions.
(1) Where a person has died without leaving a will in Sri Lanka prior to the
[4,14 of 1993]
date on which this Chapter comes into operation, and testamentary
proceedings have not commenced in respect of the estate of such person, the
provisions of this Chapter shall apply to the administration of such estate.
(2) Where an application has been made to any District Court prior to the date
on which this Chapter comes into operation, for the issue of probate of a will
or the grant of letters of administration in respect of an estate the value of
which is over rupees five hundred thousand, and an order nisi has not been
made, such application shall be deemed to be an application made under
section 524 or 528, as the case may be, and shall be heard and disposed of
in accordance with the provisions of this Chapter.
(3) Where an application has been made to any District Court prior to the date
on which this Chapter comes into operation, for the grant of letters of
administration, in respect of an estate the value of which is less than rupees
five hundred thousand, and an order nisi has not been made, such application
shall be terminated on the coming into operation of this Chapter:
Provided however, if it appears to court that it is necessary or convenient to
grant letters of administration or certificates of heir ship, as the case may be,
to any person interested in having the estate of such deceased person
administered, or where any heir of such deceased person is interested in
obtaining certificates of heir ship in respect of such estate, the court may in its
discretion, permit the continuation of such action.

Interpretation. 554A .
[4,14 of 1993]
(1) In this Chapter, "Probate Officer" means the Registrar of the District Court
and includes any other officer generally or specially authorized by the court to
exercise the powers and perform the duties of a Probate Officer, in
testamentary proceedings.
(2) For the purpose of proceedings under this Chapter "estate" and "property"
of any deceased person shall be deemed not to include-
(a) any money or other movable property lying in any Bank to the
credit of such deceased at the time of his death;
(b) the moneys represented by any share certificates and deposit
certificates issued by any institution and remaining in the name of
such deceased at the time of his death;
if he had made a nomination in respect thereof under subsection
(1) of section 544; and
(c) the moneys payable under a contract of insurance entered into
by the deceased and subsisting on the date of his death whether
any nomination in respect thereof had been made under
subsection (1) of section 544, or not.

CHAPTER XXXVIIIA
INSOLVENT TESTAMENTARY ESTATES
When the estate 554F . The estate of a deceased person shall be deemed to be insolvent-
of a deceased
(i) If upon the basis of a valuation of his assets and liabilities as at the date of
person is deemed
his death or at any time subsequent thereto, it appears that the assets are or
to be insolvent.
will be insufficient to pay in full the funeral, testamentary and administration
[87,20 of 1977]
expenses relating to the estate, and the claims of creditors ; or
(ii) if owing to execution proceedings being taken against the deceased or his
 estate or the difficulty of realizing any of the assets of the estate, or because
of disputed claims, or for any other sufficient reason, the estate should be
administered as an insolvent estate for the benefit of all parties interested in
the estate.

Where estate 554G .

insolvent,
(1) Where an estate is deemed to be insolvent at the date an application for
applicant for
probate or letters of administration is made, the petitioner shall, in addition to
probate, & c, to
the other averments required to be stated in the petition for probate or letters,
take steps to have
set out the material facts upon which adjudication that the estate should be
it so declared.
deemed to be insolvent is claimed, and shall contain detailed lists showing-
[87,20 of 1977]
(a) the names of all persons who to the best of the petitioner's
knowledge and belief have claims against the estate;
(b) the last known place of abode or business of such persons;
(c) the sums claimed by each of such persons and whether or not
the sums claimed are liquidated or unliquidated amounts; and
(d) whether or not the sums claimed or any part thereof are
admitted by the petitioner.

(2) In the petition so filed, the persons who are required to be named as
respondents to the application for probate or letters, shall be made
respondents.

Where estate 554H .

insolvent,
(1) Where after grant of probate or letters an estate is deemed to be insolvent,
executor or
the executor or administrator shall file a petition by way of summary procedure
administrator to
for an adjudication that the estate shall be deemed to be insolvent, and such
take steps to have
petition shall set out the material facts and the lists as are required to be filed
it so declared.
under the last preceding section.
[87,20 of 1977]
(2) In such petition all persons named in the original petition for grant of
probate or letters shall be made respondents.

Creditor, & c, may 554J.

also apply for
(1) It shall be competent for a creditor, heir. beneficiary, or other person
adjudication of
interested in the estate, similarly to make application for adjudication that the
estate as
estate should be deemed to be insolvent, and the provisions of section 554G
insolvent.
shall, mutatis mutandis, apply to such application.
[87,20 of 1977]
(2) The applicant for probate or letters or the executor or administrator of the
estate, shall in addition be made respondent to such application.

Order nisi 554K . Upon the court being satisfied that the facts stated in the petition are prima facie
declaring estate
established, it shall enter a testamentary insolvency order nisi declaring the estate to be
insolvent.
insolvent in the form No. 93A in the First Schedule.
[87,20 of 1977]
When order nisi to 554L . A copy of the testamentary insolvency order nisi shall be served on each the
be served.
respondents named therein and notice of such order nisi in the form No. 93B in the First
[87,20 of 1977]
Schedule shall be advertised at the expense of the petitioner not later than one month prior
to the date fixed in such order nisi for the determination of the matters contained therein in
accordance with the provisions of section 532.
Person interested 554M . Any person interested in the estate shall be entitled to appear on the day fixed
may intervene.
therein and may show cause or support the application, and the court may after due inquiry
[87,20 of 1977]
in accordance with the provisions of Chapter XXIV, either dismiss the petition or make the
testamentary insolvency order nisi absolute.
Order absolute to 554N . The testamentary insolvency order absolute shall be in the form No. 93C in the First
be advertised
Schedule, and shall be advertised in the same manner as the order nisi and in such other
[87,20 of 1977]
manner if any, as the court shall consider necessary in the circumstances of the case.
Actions and 554P . As from the date on which the testamentary insolvency order nisi declaring the
execution
estate insolvent is made, all actions in respect of admitted claims and all execution
proceedings to be
proceedings against the estate of the deceased shall be stayed, subject however, to the right
stayed after such
of any secured creditor who has taken out execution proceedings, to proceed to realize his
order nisi.
security upon such conditions as the court, having regard to the provisions of the Insolvency
[87,20 of 1977]
Ordinance, shall order.
When court may 554Q . Where the executor named in the will or the widow or widower is unwilling to
point fit administer
proceed with the due administration of an insolvent estate, or where the executor or
estate.
administrator to whom probate or letters have been issued fails to administer the estate with
[87,20 of 1977]
reasonable dispatch, the court may, having regard to the proper conservation of the estate
and the interest of all parties before it, appoint any fit person to administer the estate.
How insolvent 554R . Where a testamentary insolvency order shall have been made, the estate shall be
estate to be
distributed in accordance with the following provisions:-
distributed.
(a) the funeral, testamentary and administration expenses shall first be paid
[87,20 of 1977]
out of the assets available ;
(b) subject as aforesaid the provisions for the time being in force under the law
of insolvency with respect to the estate of a person adjudged insolvent shall
apply and be observed in regard to the respective rights of secured and
unsecured creditors as to the debts and liabilities provable, the valuation of
annuities and future and contingent liabilities, and the priorities of debts and
liabilities.

Powers and 554S . An executor or administrator of an insolvent estate shall have the same powers and
obligations of
be subject to the same obligations as the assignee of an insolvent appointed under the
executors and
Insolvency Ordinance.
administrators.
[87,20 of 1977]
Administration of 554T . An appeal from a testamentary insolvency order nisi or absolute declaring an estate
estates not to be
insolvent shall not have the effect of staying the further proceedings in administration, unless
saved due to
the Court of Appeal shall make order to the contrary.
appeal .
[87,20 of 1977]

CHAPTER XXXVIIIB
FOREIGN PROBATES
Sealing of foreign 554U . Where a Court of Probate or other authority in a foreign country has either before or
probates or letters
after the 15th day of December, 1977, granted probate or letters of administration in respect
of administration.
of the estate of a deceased person, probate or letters so granted may, on being produced to,
[87,20 of 1977]
and a copy thereof deposited with, a competent court, be sealed with the seal of that court
and thereupon shall be of like force and effect and have the same operation in Sri Lanka as if
granted by that court.
Conditions to be 554V . The court shall, before sealing the probate or letters of administration under this
fulfilled before
Chapter, be satisfied-
sealing.
(a) that the testamentary duty has been paid or secured in respect of so much,
if any, of the estate as Is liable to testamentary duty in Sri Lanka; and
(b) in the case of letters of administration, that security has been given in a
sum sufficient in amount to cover the property, if any, in Sri Lanka to which the
letters of administration relate; and may require such evidence, if any, as it
thinks fit as to the domicile of the deceased person.

Security for 554W. The court may also if it thinks fit on the application of any creditor require, before
payment of debts.
sealing, that adequate security be given for the payment of debts due from the estate to
creditors residing in Sri Lanka.
Duplicate or copy 554X . A duplicate of any probate or letters of administration sealed with the seal of the
of probate or
court granting the same, or a copy thereof certified as correct by or under the authority of
letters of
such court shall have the same effect as the original,
administration.
[87,20 of 1977]
Liabilities of 554Y . The sealing of probate or letters of administration under this Chapter shall not affect
executors and
the liability of an executor or administrator-
administrators.
(a) to file within the time appointed by court an inventory of the deceased
[87,20 of 1977]
person's property and effects situated in Sri Lanka with valuation of same as
[5,14 of 1993]
required by section 539 ;
(b) to file, on or before the expiration of twelve months from the date of such
sealing, a true and final account, as regards the deceased's property and
effects situated in Sri Lanka, of his executorship or his administration, as the
case may be, verified on oath or affirmation, with all receipts or vouchers
attached as required by section 551 ; and
(c) to be compelled to make a judicial settlement of his account as executor or
administrator, with respect to the deceased's property situated in Sri Lanka,
under the provisions of Chapter IV.

Resealing court 554Z . For the purpose of all estates to which this Chapter applies-
deemed to be
(a) all references in this Ordinance to any court as being the court from which
court issuing
grant of probate or letters of administration issued shall be construed as
probate or letters
references to the court by which probate or letters of administration have been
of administration.
sealed under this Chapter and all references to the granting of probate or
[87,20 of 1977]
letters of administration or to an order absolute declaring a person entitled to
such grant shall be construed as referring to the sealing of probate or letters of
administration under this Chapter;
(b) all references in the Stamp Ordinance to the grant of probate or letters of
administration shall be deemed to include a reference to the sealing of
probate or letters of administration under this Chapter, and all references to
probate or letters of administration shall be deemed to include a reference to
any probate or letters of administration or to any duplicate or certified copy
thereof sealed under this Chapter.

British Courts 554AA. Notwithstanding the repeal of the British Courts Probate (Resealing) Ordinance,
Resealing Rules
the British Courts Resealing Rules, 1939, shall be deemed to be and to continue in force for
deemed to be in
the purposes of this Chapter as if the said Ordinance had not been repealed, and may be
force.
amended, varied, altered or rescinded by rules made under Article 136 of the Constitution.
[87,20 of 1977]
Interpretation 554BB. In this Chapter
[87,20 of 1977]
" competent court" means-
(a) the District Court of Colombo; or
(b) the District Court within the local limits of whose jurisdiction-
(i) the estate or any part of the estate in Sri Lanka of the
deceased person is situate ; or
(ii) the executor or administrator-or the attorney of the executor or
administrator of that part of the estate of the deceased person
which is being administered outside Sri Lanka is resident;

" Court of Probate " means any court or authority by whatever name ' designated having
jurisdiction in matters of probate ; and
" probate" and " letters of administration" include any instrument having in any foreign country
the same effect which under the law of Sri Lanka is given to probate and letters of
administration respectively.

CHAPTER XXXVIIIC
GENERAL AND TRANSITIONAL PROVISIONS IN
TESTAMENTARY MATTERS
Stamp duty to be 554CC. The provisions of the Stamp Ordinance shall apply to, and in relation to, every
first charge on the
application, order or other document in testamentary proceedings and the executor or
estate of the
administrator, as the case may be, shall be personally liable for the payment of such stamp
deceased.
duty. The amount so paid by way of stamp duty shall be recoverable by the executor or
[87,20 of 1977]
administrator as a first charge on the estate of the deceased after the grant of probate or
letters of administration.
Transitional 554DD. Where any person has prior to the 15th day of December, 1977, died in Sri Lanka
provision.
leaving an estate and testamentary proceedings had not been commenced in respect of such
[87,20 of 1977]
estate before the 15th day of December, 1977, such proceedings may be instituted under the
provisions of this Ordinance.

CHAPTER XXXIX
ACTIONS RELATING TO PERSONS OF UNSOUND MIND
Definition of 555. The expression " person of unsound mind " as used in this Ordinance shall, unless the
"person of
contrary appears from the context, mean every person found by due course of law to be of
unsound mind."
unsound mind and incapable of managing his affairs.
District Court to 556.
institute inquiry.
(1) Whenever any person who is possessed of property is alleged to be a
person of unsound mind, the District Court within whose jurisdiction such
person is residing may, upon such application as is hereinafter mentioned,
institute any inquiry for the purpose of ascertaining whether such person is or
is not of unsound mind and incapable of managing his affairs.
Application for, (2) Application for such inquiry may be made on petition in the way of
how to be summary procedure by any relative of the person alleged to be of unsound
made. mind, or by a Superintendent of Police, or at the instance of the Attorney-
[88,20 of 1977] General, or if the property of the person alleged to be of unsound mind
consists in whole or in part of land, or of any interest in land, by the
Government Agent of the district in which it is situate.

When may petition557 . When the District Court on such application being made to it is not satisfied by affidavit
be dismissed.
or other evidence that such inquiry as aforesaid ought to be instituted, it shall dismiss the
petition.
Procedure on 558. When the District Court on any such application being made to it is satisfied by
court being
affidavit or other sufficient evidence that such inquiry as aforesaid ought to be instituted, it
satisfied that
shall pass an order to that effect and then appoint a time and place for holding the inquiry.
inquiry ought to
be instituted.
Proceeding in 559. As soon as such order shall have been passed, the District Court shall cause a copy
such case.
of the petition and of the order made thereon to be served upon the person alleged to be of
unsound mind. If it shall appear that the person alleged to be of unsound mind is in such a
state that personal service on him would be ineffectual, the court may direct such substituted
service of the petition and order as it shall think proper. The court may also direct a copy of
such petition and order to be served upon any specified relative of the person alleged to be
of unsound mind.
Person alleged to 560 . The District Court may also at any time before or pending the inquiry, require the
be of unsound
person alleged to be of unsound mind to attend at such convenient time and place as it may
mind may be
appoint, for the purpose of being personally examined by the court or by any person from
required to attend.
whom the court may desire to have a report of, or testimony as to, the mental capacity and
condition of such person alleged to be of unsound mind. The court may likewise make an
order authorizing any person or persons therein named to have access to the person alleged
to be of unsound mind for the purpose of a personal examination.
Assessors. 561. The District Court, if it think fit. may appoint two or more persons to act as assessors to
the court in the said inquiry.
Issue. 562. The issue to be tried on such inquiry shall be whether the person alleged to be of
unsound mind is or is not of unsound mind and incapable of managing his affairs.
Trial of issue to 563. The trial of this issue shall be effected by viva vice examination and cross-examination
be public.
of witnesses, as nearly as may be as is hereinbefore directed for the trial of the matter of an
ordinary civil action; and the inquiry, whether held in court or in a private house, shall be
public.
Person of 564. The person alleged to be of unsound mind shall be present at the inquiry and shall
unsound mind to
take part as a party defendant therein either by his registered attorney or counsel or in
be present.
person, unless his state of health, or his behaviour, is such as to render either his being
 present or his participating in the proceedings unfitting or unseemly, Any relative of the
person alleged to be of unsound mind may also, if the court thinks fit, appear and take part in
the inquiry on behalf of the person alleged to be of unsound mind,
Adjudication on 565. Upon the completion of the inquiry, the court shall adjudicate whether the person
the Issue. Costs.
alleged to be of unsound mind is or is not of unsound mind and incapable of managing his
affairs. And at the same time the court may make such order as to the payment of the cost of
the inquiry by the person upon whose application it was made, or by the person alleged to be
of unsound mind, if he be adjudged to be of sound mind, or out of his estate, if he be
adjudged of unsound mind and incapable of managing his affairs, or otherwise, as it may
think proper.
When petition to 566 . When a person has been adjudged not to be of unsound mind and not incapable of
be dismissed after
managing his affairs, the court shall dismiss the petition.
inquiry.
Manager to be 567. When a person has been adjudged to be of unsound mind and incapable of managing
appointed.
his affairs, the District Court shall appoint a manager of the estate. Any near relative of the
person of unsound mind or any other suitable person may be appointed manager.
Guardian of 568. Whenever a manager of the estate of a person of unsound mind is appointed by the
person.
District Court, the court shall appoint a fit person to be guardian of the person of the person of
unsound mind. The manager may be appointed guardian:
Provided always that the heir-at-law of the person of unsound mind shall not in any case be
appointed guardian of his person.
Allowance to 569. If the person appointed to be manager of the estate of a person of unsound mind, or
manager or
the person appointed to be guardian of the person of a person of unsound mind, shall be
guardian.
unwilling to discharge the trust gratuitously, the court may fix such allowance or allowances to
be paid out of the estate of the person of unsound mind as, under the circumstances of the
case, may be thought suitable.
Duties of 570. The person appointed to be guardian of the person of a person of unsound mind shall
guardian.
have the care of his person and maintenance. When a distinct guardian is appointed, the
manager shall pay to the guardian such allowance as shall be fixed by the court, either at the
time when the guardian is appointed or after wards, on an application made by such guardian
by petition in the way of summary procedure, for the maintenance of the person of unsound
mind and of his family.
Powers of 571. Every manager of the estate of a person of unsound mind appointed as aforesaid may
manager-
exercise the same powers in the management of the estate as might have been exercised by
Restrictions on
the proprietor if not a person of unsound mind ; and may collect and pay all just claims,
manager's powers
debts, and liabilities due to or by the estate of the person of unsound mind. But no such
manager shall have power to sell or mortgage the estate or any part thereof, or to grant a
lease of any immovable property for any period exceeding five years, without an order of the
District Court previously obtained.
Inventory Account.572 .
(1) Every person appointed by the District Court to be manager of the estate of
a person of unsound mind shall, within a time to be fixed by the court, deliver
in court an inventory of the immovable property belonging to the person of
unsound mind, and of all such movable property, sums of money, goods, and
effects as he shall receive on account of the estate, together with a statement
of all debts due by or to the same. And every such manager shall furnish to
the court annually, within three months of the close of the year, an account of
the property in his charge, exhibiting the sums received and disbursed on
account of the estate and the balance remaining in his hands.
(2) If any relative of the person of unsound mind, or the Attorney-General, by
petition to the court, shall impugn the accuracy of the said inventory and
statement, or of any annual account, the court may summon the manager and
inquire summarily into the matter and make such order thereon as it shall think
proper.

Excess over 573. All sums received by a manager on account of any estate in excess of what may be
expenditure, to be
required for the current expenses of the person of unsound mind or of the estate shall be
paid into
 paid into the kachcheri on account of the estate, and shall be dealt with thereafter in such
kachcheri.
manner as is prescribed by law in the case of suitors' deposits.
Relative may sue 574. It shall be lawful for any relative of a person of unsound mind to sue for an account
for account.
from any manager, appointed under this Ordinance, or from such person after his removal
from office or trust, or from his personal representative in case of his death, in respect of any
estate then or formerly under his care or management, or of any sums of money or other
property received by him on account of such estate.
Manager or 575.
guardian how to
(1) The District Court, for any sufficient cause, may on the application of the
be removed.
guardian or of a relative of the person of unsound mind, or of the Attorney-
General, Superintendent of Police, or (where the property of the person of
unsound mind consists in whole or in part of land, or of any interest in land) of
the Government Agent, made by petition in the way of summary procedure,
remove any manager appointed by the court, and may appoint any other fit
person in his room, and may compel the person so removed to make over the
property in his hands to his successor, and to account to such successor for
all moneys received or disbursed by him.
(2) The court may also, for any sufficient cause, in like manner remove any
guardian appointed by the court.

Punishment for 576. The District Court may on any application made to it by a relative of the person of
neglect or refusal
unsound mind or a public officer under section 575 impose a fine not exceeding five hundred
to account.
rupees on any manager of the estate of a person of unsound mind who wilfully neglects or
refuses to deliver his accounts or any property in his hands within the prescribed time or a
time fixed by the court, and may realize such fine by attachment and sale of his property
under the rules in force for the execution of decrees of court, and may also commit him to
close custody until he shall deliver such accounts or property.
Where not 577. If it appears to the District Court, having regard to the situation and condition in life of
necessary court
the person of unsound mind and his family, and the amount and description of his property,
need not appoint
to be unnecessary to appoint a manager of the estate as hereinbefore provided, the court
manager.
may, instead of appointing such manager, order that the property if money, or if of any other
description the proceeds thereof, when realized in such manner as the court shall direct, be
paid to such persons as the court may think fit, to be applied for the maintenance of the
person of unsound mind and his family.
Further inquiry 578.
when person of
(1) When any person has been adjudged to be of unsound mind and
unsound mind so
incapable of managing his affairs, if such person or any other person acting on
found alleged to
his behalf, or having or claiming any interest in respect of his estate, shall
have recovered.
represent by petition to the District Court, or if the court shall be informed in
any other manner, that the unsoundness of mind of such person has ceased,
the court may institute an inquiry for the purpose of ascertaining whether such
person is or is not still of unsound mind and incapable of managing his affairs.
(2) The inquiry shall be conducted in the manner provided in section 560 and
the four following sections of this Ordinance ; and if it be adjudged that such
person has ceased to be of unsound mind and incapable of managing his
affairs, the court shall make an order for his estate to be delivered over to him,
and such order shall be final.

Saving of Mental 579 . In all cases in which this Chapter is applicable, the procedure herein provided shall be
Diseases
followed, anything in the Mental Diseases Ordinance to the contrary notwithstanding.
Ordinance.
Appeal to Court of 580 . Every order made by a District Court under the provisions of this Chapter shall be
Appeal.
subject to an appeal to the Court of Appeal, and such appeal may be prosecuted by, or at
the instance of, the person suspected or adjudged to be of unsound mind, or of any relative
or friend of his, or of any medical practitioner who shall have certified or testified to his state
of mind ; and the Court of Appeal shall take cognizance of such appeal, and deal with the
same as an appeal from an interlocutory order of the District Court, and make such order
thereon as to the said court shall seem fit. And it shall be the duty of the District Court to
 conform to and execute such order.
Provisions 580A .
applicable to
(1) The provisions contained in this Chapter, other than section 555 shall
menially deficient
apply in the case of mentally deficient persons.
persons.
(2) For the purposes of this section, " mentally deficient persons ", mean
[14,53 of 1980]
persons who are incapable of managing their own affairs by reason of being
mentally ill, feeble, infirm or defective, though not adjudicated as persons of
unsound mind in accordance with any law for the time being in force.

Proceedings 581. No stamp duty shall, attach or be payable for any application, process or other
exempt from
document filed in court under the provisions of this Chapter.
stamp duty.

CHAPTER XL
ACTIONS FOR THE APPOINTMENT OF GUARDIANS
Certificate of right 582 . Every person who shall claim a right to have charge of property in trust for a minor,
to have charge of
under a will or deed, or by reason of nearness of kin, or otherwise, may apply to the Family
minor's property.
Court for a certificate of curatorship ; and no person shall be entitled to institute or defend
[41,79 of 1988]
any action connected with the estate of a minor, of which he claims the charge, until he shall
have obtained such certificate:
Provided that when the property is below the value of twenty thousand rupees, or for any
other sufficient reason, provided any court having jurisdiction may allow any relative of a
minor to institute or defend an action on his behalf, although a certificate of curatorship has
not been granted to such relative; And
provided further that any such person so claiming to have charge of any such property under
the provisions of a will, of which probate shall have been duly granted, may institute or
defend any such action without having obtained such certificate.
Explanation
A person to whom letters of administration of a deceased person's
estate have been granted under Chapter XXXVIII of this Ordinance
does not thereby obtain a right to have charge, within the meaning
of this section, of such portion or share of his deceased's estate, if
any there be, as descends to a minor heir.
Application for 583. Any relative or friend of a minor, in respect of whose property such certificate has not
appointment of
been granted, may apply by petition in the way of summary procedure to the Family Court, to
person to have
appoint a fit person to take charge of the property and person or of either property or person
charge of property
of such minor.
or person of
minor.
Charge of 585.
property of minor
(1) If it shall appear that any person claiming a right to have charge of the
to whom to be
property of a minor is entitled to such right by virtue of a will or deed, and-is
granted.
willing to undertake the trust, the court shall grant a certificate of curatorship to
such person.
(2) If there is no person so entitled, or if such person is unwilling to undertake
the trust and there is any near relative of the minor who is willing and fit to be
entrusted with the charge of his property, the court may grant a certificate to
such relative.
Same person
maybe (3) The court may also, if it think fit (unless a guardian has been appointed by
appointed the father), appoint such person as aforesaid or such relative, or any other
guardian of relative or friend of the minor, to be guardian of the person of the minor.
person.
Court may call
(4) The court may call upon any grama seva niladhari for a report on the
upon grama
character and qualification of any relative or friend of the minor who may be
seva niladhari
desirous or willing to be entrusted with the charge of the property or person of
to report on
such minor, and who resides in the division.
qualification.
When charge of 586 . If no title to a certificate is established to the satisfaction of the court by a person
property may be
claiming under a will or deed, and if there is no near relative willing and to be entrusted with
granted to any fit
the charge of the property of the minor, and the court shall think it necessary for the interest
person.
of the minor that provision should be made by the court for the charge of the property and
person of such minor, the court may grant a certificate to any fit person whom the court may
appoint for the purpose.
Guardian to have 587 .
charge of the
(1) Whenever the court shall grant a certificate of curatorship to the estate of a
person and
minor who is resident in Sri Lanka to any person under the last section, it shall
maintenance, to
at the same time appoint a guardian to take charge of the person and
be appointed at
maintenance of the minor,
the same time.
(2) The person to whom a certificate of curatorship has been granted may be
appointed guardian, provided he would not be the legal heir of the minor, if the
minor then died.
his allowance. (3) If the person appointed to be guardian be unwilling to discharge the trust
gratuitously, the court may assign him such allowance, to be paid out of the
estate of the minor, as under the circumstances of the case it may think
suitable. The court may also fix such allowance as it may think proper for the
maintenance and education of the minor; and such allowance and the
allowance of the guardian (if any) shall be paid to the guardian by the other
person as aforesaid.
(4) In any case in which the court is satisfied that it will be for the interest of
the minor, it may direct the raising of such allowance out of the corpus of the
estate, by mortgage or sale or such other mode of realization as it thinks fit.

Costs of inquiries. 588.

(1) In all inquiries held by the Family Court under this Chapter, the court may
make such order as to the payment of costs by the person on whose
application the inquiry was made, or out of the estate of the minor, or
otherwise, as it may think proper.
Inventory, (2) Every curator other than one deriving title under a will or deed, to whom a
Accounts. certificate shall have been granted under this Chapter, shall, within a time to
be fixed by the court, file in court an inventory of the property belonging to the
minor, and shall also twice every year, namely, within one month from the first
day of January and the first day of July, respectively, in each year, file an
account of the property in his charge, exhibiting the amounts received and
disbursed on account of the estate and the balance in hand.

Impeachment of 589 . Any relative of the minor or the minor himself by a next friend or the Attorney-General
the inventory and
may, by petition and by way of summary procedure, impeach and falsify the correctness of
accounts.
the said inventory and periodic accounts, or complain of delay in the filing, of them; and the
court may on any such application make such order as it shall think proper.
Any relative of 590. It shall be lawful for any relative of a minor with the leave of the court, or the minor
minor may sue
himself by a next friend, at any time during the continuance of the minority, to sue for an
curator for
account from any person to whom a certificate shall have been granted under the provisions
accounts.
of this Ordinance, or from any such person after his removal from office or trust, or from his
personal representative in case of his death, in respect of any estate then or formerly under
his care or management, or of any sums of money or other property received by him on
account of such estate.
Recall of the 591. The Family Court, for any sufficient cause shown on petition by way of summary
certificates.
procedure preferred by the guardian, or by a relative, or by a next friend of the minor, or by
the Attorney-General, may recall any certificate granted under this chapter and may grant a
certificate to any other person; and may compel the person whose certificate has been
recalled to make over the property in his hands to his successor, and to account to such
successor for all moneys received and disbursed by him. The court may also sufficient cause
in like manner remove any guardian appointed by the court.
Resignation and 592 .
discharge of
(1) The Family Court may permit any person to whom a certificate shall have
curator of
been granted under this Ordinance, and any guardian appointed by the court,
property, or
to resign his trust; and may give him a discharge therefrom on his accounting
guardian of
to his successor, duly appointed, for all moneys received and disbursed by
person of minor.
him, and making over the property in his hands.
(2) The application to be discharged from the trust shall be made by petition in
the way of summary procedure, in which petition a near relative of the minor
or the Attorney-General shall be named a respondent; and it shall be
competent to the court to direct that any other person be made a respondent.

Allowance of 593. Every curator other than one deriving title under a will or deed, to whom a certificate
curator.
shall have been granted under this Chapter, if he is not willing to discharge the trust
gratuitously, shall be entitled to receive such allowance, to be paid out of the minor's estate,
as the Family Court shall by order, made when the curator is appointed or afterwards on an
application made by the curator by petition in the way of summary procedure, think fit to
direct.
Minor's education. 594 . Every guardian appointed by the Family Court under this Chapter, who shall have
charge of any minor, shall be bound to provide for his education in a suitable manner. The
general superintendence and control of the education of all such minors shall be vested in
the Family Court.

CHAPTER XLI
ACTIONS FOR APPOINTMENT AND REMOVAL OF TRUSTEES
Trustees. 595. Applications to the District Court for the exercise of its jurisdiction for the appointment
or removal of a trustee, and not asking any further remedy or relief, may be made by petition
in the way of the summary procedure hereinbefore prescribed.

CHAPTER XLII
MATRIMONIAL ACTIONS
Procedure in 596. In all actions for divorce a vinculo matrimonii, or for separation a mensa et thoro, or for
matrimonial
declaration of nullity of marriage, the pleadings shall be by way of plaint and answer, and
actions.
such plaint and answer shall be subject to the rules and practice by this Ordinance provided
with respect to plaints and answers in ordinary civil actions, so far as the same can be made
applicable, and the procedure generally in such matrimonial cases shall (subject to the
provisions contained in this Chapter) follow the procedure hereinbefore set out with respect
to ordinary civil actions.
Court of district in 597.
petitioner resides
(1) Any husband or wife may present a plaint to the Family Court within the
to have
local limits of the jurisdiction of which he or she, as the case may be, resides,
jurisdiction.
praying that his or her marriage may be dissolved on any ground for which
marriage may, by the law applicable in Sri Lanka to his or her case, be
dissolved.
(2) The provisions of the Conciliation Boards Act, No. 10 of 1958, shall not
apply to matrimonial actions.

Co-defendant. 598. Upon any such plaint presented by a husband, in which the adultery of the wife is the
cause or part of the cause of action, the plaintiff shall make the alleged adulterer a co-
defendant to the said action, unless he is excused from so doing on one of the following
grounds, to be allowed by the court upon an application for the purpose:-
(1) that the defendant is leading the life of a prostitute, and that the plaintiff
knows of no person with whom the adultery has been committed ;
(2) that the name of the alleged adulterer is unknown to the plaintiff, although
he has made due efforts to discover it;
(3) that the alleged adulterer is dead; and it shall be lawful in any such plaint
to include a claim for pecuniary damages against such co-defendant.

Affidavit where co- 599 . The prayer to be excused from making the alleged adulterer a co-defendant and the
defendant is
 allegations of fact upon which it is founded, supported by affidavit of fact or other sufficient
excused.
evidence, shall be embodied m the plaint.
Sections 598 and 599A . The provisions of sections 598 and 599 shall, mutatis mutandis, apply where in a
599 to apply
plaint presented by a wife, adultery of the husband is a cause of action.
where adultery of
the husband is
alleged.
[91,20 of 1977]
[Sections 600 and 601 repealed by Law No. 20 of 1977]
Decree to be 602. When the court is satisfied on the evidence that the case of the plaintiff has been
passed declaring
proved, the court shall pronounce a decree declaring such marriage to be dissolved in the
marriage
manner and subject to all the provisions and limitations in sections 604 and 605.
dissolved.
[93,20 of 1977]
Defendant when 603. In any action instituted for dissolution of marriage, if the defendant opposes the relief
entitled to relief.
sought on any ground which would have enabled him or her to sue as plaintiff for such
dissolution, the court may in such action give to the defendant on his or her application the
same relief to which he or she would have been entitled in case he or she had presented a
plaint seeking such relief.
Decree to be 604. Every decree for dissolution of marriage shall, in the first instance, be a decree nisi not
decree nisi in the
to be made absolute till after the expiration of not less than three months from the
first instance.
pronouncement thereof, or such longer period as the court may prescribe in the said decree.
[94,20 of 1977]
Decree when to 605 . Whenever a decree nisi has been made and no sufficient cause has been shown why
be made absolute.
the same should not be made absolute as in the last preceding section provided within the
time therein limited, such decree nisi shall on the expiration of such time be made absolute :
Provided that where such decree nisi is entered ex pane, the period during which the same
should not be made absolute shall be computed from the date of service of such decree nisi
on the defaulting party.
[Section 606 is repealed by Law No. 20 of 1977]
Actions of nullity 607 .
of marriage.
(1) Any husband or wife may present a plaint to the Family Court within the
local limits of the jurisdiction of which he or she (as the case may be) resides,
praying that his or her marriage may be declared null and void.
(2) Such decree may be made on any ground which renders the marriage
contract between the parties void by the law applicable to Sri Lanka.

Application for 608.

separation or for
(1) Application for a separation a mensa et thoro on any ground on which by
divorce whether
the law applicable to Sri Lanka such separation may be granted, may be
after decree of
made by either husband or wife by plaint to the Family Court, within the local
separation or
limits of the jurisdiction of which he or she, as the case may be, resides, and
otherwise.
the court, on being satisfied on due trial of the truth of the statements made in
such plaint, and that there is no legal ground why the application should not
be granted, may decree separation accordingly.
(2) Either spouse may-
(a) after the expiry of a period of two years from the entering of a
decree of separation under subsection (1) by a Family Court,
whether entered before or after the 15th day of December, 1977,
or
(b) notwithstanding that no application has been made under
subsection (1) but where there has been a separation a mensa et
thoro for a period of seven years, apply to the Family Court by
way of summary procedure for a decree of dissolution of
marriage, and the court may, upon being satisfied that the
spouses have not resumed cohabitation in any case referred to in
paragraph (a), or upon the proof of the matters stated in an
application made under the circumstances referred to in
paragraph (b), enter judgment accordingly:
 Provided that no application under this subsection shall be
entertained by the court pending the determination of any appeal
taken from such decree of separation. The provisions of sections
604 and 605 shall apply to such a judgment.

Separated wife's 609.

property.
(1) In every case of such separation under this Chapter the wife shall, from the
date of the sentence and whilst the separation continues, be considered as
unmarried with respect to property of every description which she may
acquire, or which may come to or devolve upon her.
(2) Such property may be disposed of by her in all respects as an unmarried
woman, and on her decease the same shall, in case she dies intestate,
devolve as the same would have devolved if she had died unmarried :
Provided that if any such wife again cohabits with her husband, all such
property as she may be entitled to when such cohabitation takes place shall
be held to her separate use, subject, however, to any agreement in writing
made between herself and her husband whilst separate.

Separated wife's 610 . In every case of such separation under this Chapter the wife shall, whilst so
contracts &c,
separated, be considered as an unmarried woman for the purposes of contract, and wrongs
rights to sue.
and injuries, and suing and being sued in any civil proceedings; and her husband shall not be
liable in respect of any contract, act, or costs entered into, done, omitted, or incurred by her
during the separation:
Provided that where, upon any such separation alimony has been decreed or ordered to be
paid to the wife, and the same is "not duly paid by the husband, he shall be liable for
necessaries supplied for her use to the persons who supplied them;
Provided also that nothing shall prevent the wife from joining, at any time during such
separation, in the exercise of any joint power given to herself and her husband.
When decree for 611 .
separation may be
(1) Any husband or wife, upon the application of whose wife or husband, as
revised by the
the case may be, a decree of separation has been pronounced, may, at any
court which made
time thereafter, present a petition to the court by which the decree was
it.
pronounced, praying for a reversal of such decree, on the ground that it was
obtained in his or her absence at the hearing, and that there was reasonable
excuse for such absence, and also for the alleged desertion, where desertion
was the ground of such decree.
(2) Such petition shall be deemed and shall be dealt with by the court as a
plaint in a regular action, and the party in whose favour the decree of
separation sought to be reversed was passed shall be made a defendant
therein. And the court may, after trial in regular course of procedure, on being
satisfied of the truth of the allegations of such petition, reverse the decree
accordingly, but such reversal shall not prejudice or affect the rights or
remedies which any other person would have had in case it had not been
decreed, in respect of any debts, contracts, or acts of the wife incurred,
entered into, or done between the time of the sentence of separation and of
the reversal thereof.

Co-defendant may612 .
be order to pay
(1) Whenever in any plaint presented by a husband the alleged adulterer has
costs.
been made a co-defendant, and the adultery has been established, the court
may order the co-defendant to pay the whole or any part of the costs of the
proceedings in addition to any damages which may be awarded, where such
damages have been claimed;
Provided that the co-defendant shall not be ordered to pay the plaintiffs costs,
nor shall any damages be awarded-
(a) if the defendant was at the time of the adultery living apart
from her husband and leading the life of a prostitute; or
(b) if the co-defendant had not at the time of the adultery reason
to believe the defendant to be a married woman.
 [98,20 of 1977] (2) The provisions of the preceding subsection shall, mutatis mutandis, apply
where a woman has been made a co-defendant.

Intervenient under 613 . Whenever any application is made under section 606, the court if it thinks that the
section 606 may
applicant had no grounds, or no sufficient grounds for intervening, may order him to pay the
be ordered to pay
whole or any part of the costs occasioned by the application.
costs.
Alimony pen- 614.
dente lite.
(1) In any action under this Chapter, whether it be instituted by a husband or a
[99,20 of 1977]
wife, the wife may present a petition for alimony pending the action. Such
petition shall be preferred and dealt with as of summary procedure, and the
husband shall be made respondent therein; and the court, on being satisfied
of the truth of the statements therein contained, may make such order on the
husband for payment to the wife of alimony pending the action as it may deem
just:
Provided that alimony pending the action shall in no case be less than one-
fifth of the husband's average net income for the three years next preceding
the date of the order, and shall continue, in case of a decree for dissolution of
marriage or of nullity of marriage, until the decree is made absolute or is
confirmed, as the case may be.
(2) A husband may present a petition for alimony pending the action. The
provisions of the preceding subsection shall apply, mutatis mutandis, to such
application.
(3) Where one of the spouses is not possessed of sufficient income or means
to defray the cost of litigation, the court may at any stage of the action order
the spouse who is possessed of sufficient income or means to pay to the
other spouse such sum on account of costs as it considers reasonable.

Settlement upon 615.

decree of divorce
(1) The court may, if it thinks fit, upon pronouncing a decree of divorce or
or separation.
separation, order for the benefit of either spouse or of the children of the
[100,20 of 1977]
marriage or of both, that the other spouse shall do any one or more of the
following:-
(a) make such conveyance or settlement as the court thinks
reasonable of such property or any part thereof as he may be
entitled to ;
(b) pay a gross sum of money;
(c) pay annually or monthly such sums of money as the court
thinks reasonable;
(d) secure the payment of such sums of money as may be
ordered under paragraph (b) or paragraph (c) by the
hypothecation of immovable property or by the execution of a
bond with or without sureties, or by the purchase of a policy of
annuity in an insurance company or other institution approved by
court.

(2) The court may at any stage discharge, modify, temporarily suspend and
revive or enhance an order made under subsection (I).

[Sections 616 and 617 repealed by Law No. 20 of 1977]

Court may inquire 618 .The court, after a decree absolute for dissolution of marriage or a decree of nullity of
into ante-nuptial
marriage, may inquire into the existence of ante-nuptial or post-nuptial settlements made on
and post nuptial
the parties whose marriage is the subject of the decree, and may make such orders, with
settlements.
reference to the application of the whole or a portion of the property settled, whether for the
benefit of the husband or the wife, or of the children (if any) of the marriage, or of both
children and parents, as to the court seems fit;
Provided that the court shall not make any order for the benefit of the parents or either of
them at the expense of the children.
Court may before 619 . In any action for obtaining a separation, the court may from time to time, before
decree for
making its decree, make such interim orders, and may make such provision in the decree as
separation order
it deems proper with respect to the custody, maintenance, and education of the minor
maintenance of
children, the marriage of whose parents is the subject of such action, and may, if it thinks fit,
minor children.
direct proceedings to be taken for placing such children under the protection of the said
court.
Court may after 620 . The court after a decree of separation may, upon application by way of summary
decree of
procedure for this purpose, make from time to time all such orders and provisions, with
separation make
respect to the custody, maintenance, and education of the minor children, the marriage of
order respecting
whose parents is the subject of the decree, or for placing such children under the protection
custody, & c., of
of the said court, as might have been made by such decree or by interim orders in case the
minor children.
proceedings for obtaining such decree were still pending.
Court may make 621 . In any action for obtaining a dissolution of marriage or a decree of nullity of marriage,
interim order and
the court may from time to time, before making its decree absolute or its decree (as the case
also provide for
may be), make such interim orders, and may make such provision in the decree absolute or
custody, & c, of
decree, as the court deems proper with respect to the custody, maintenance, and education
minor children in
of the minor children, the marriage of whose parents is the subject of the action, and may, if it
decree.
thinks fit, direct proceedings to be taken for placing such children under the protection of the
court.
Court may after 622 . The court after a decree absolute for dissolution of marriage or a decree of nullity of
decree absolute
marriage may, upon application by petition on summary procedure for the purpose, make
make orders
from time to time all such orders and provisions, with respect to the custody, maintenance,
respecting
and education of the minor children, the marriage of whose parents was the subject of the
custody, & c, of
decree, or for placing such children under the protection of the said court as might have been
minor children.
made by such decree absolute or decree (as the case may be), or by such interim orders as
aforesaid.
Adjournment and 623 . The court may from time to time adjourn the hearing of any petition or plaint under this
further evidence.
Chapter, and may of its own motion require further evidence thereon if it sees fit so to do.
Appeal. 624. All decrees and orders made by the court in any action or proceeding under this
Chapter shall be enforced and may be appealed from, in the like manner as the decrees and
orders of the court made in the exercise of its original civil jurisdiction are enforced, and may
be appealed from under the laws, rules, and orders for the time being in force.
Enforcement of 624A . An order for alimony or maintenance made under this Chapter may be enforced
alimony and
either in accordance with the provisions of this Ordinance or in the manner provided in the
maintenance
Maintenance Ordinance.
orders.
[102,20 of 1977]
When parties may 625 . Upon a decree nisi for divorce being made absolute under the provisions of this
marry again.
Chapter, or when three months after the passing of the decree thereunder of nullity of
[103,20 of 1977]
marriage shall have elapsed, without an appeal having being taken therefrom, or upon the
confirmation in appeal of any decree, but not sooner, it shall be lawful for the respective
parties to the marriage to marry again as if the prior marriage had been dissolved by death.
Protection of third 626 .
parties dealing
(1) Every decree for separation or order to protect property obtained by a wife
with wife after
under this Chapter shall, until reversed or discharged, be deemed valid, so far
decree made and
as necessary for the protection of any person dealing with the wife.
before reversal.
(2) No reversal, discharge, or variation of such decree or order shall affect any
rights or remedies which any person would otherwise have had in respect of
any contracts or acts of the wife entered into or done between the dates of
such decree or order and of the reversal, discharge, or variation thereof.
(3) All persons who, in reliance on any such decree or order, make any
payment to, or permit any transfer to be made, or act to be done by the wife
who shall have obtained such decree or order, shall (notwithstanding the
same may then have been reversed, discharged, or varied, or notwithstanding
the separation of the wife from her husband may have ceased or may at some
time since the making of the decree or order have been discontinued) be
protected and indemnified as if at the time of such payment, transfer, or other
act, such decree or order were valid and still subsisting without variation, and
 the separation had not ceased or been discontinued, unless at the time of the
payment, transfer, or other act such persons had notice of the reversal,
discharge, or variation of the decree or order or of the cessation or
discontinuance of the separation.

Saving of the 627. Save as expressly otherwise provided in the Kandyan Marriage and Divorce Act and
application of this
the Muslim Marriage and Divorce Act, nothing in this Chapter contained shall be taken to
Chapter as to
apply to any marriage between persons professing Islam or to any marriage affected by the
Muslim and
provisions of the Kandyan Marriage and Divorce Act,
Kandyan
marriages.
[104,20 of 1977]

CHAPTER XLIII
INTERPLEADER ACTIONS
Interpleader 628. When two or more persons claim adversely to one another payment of the same sum
actions.
of money or delivery of the same property from another person, whose only interest therein is
that of a mere stakeholder, and who is ready to render it to the right owner, such stakeholder
may institute an action of interpleader against all the claimants, for the purpose of obtaining a
decision as to the party to whom the payment should be made or the property delivered, and
of obtaining indemnity for himself:
Provided that if any action is pending in which the rights of all parties can properly be
decided, the stakeholder shall not institute an action of interpleader.
Form of plaint. 629. In every action of interpleader the plaint must, in addition to the other statements
necessary for plaints, state-
(a) that the plaintiff has no interest in the thing claimed otherwise than as a
mere stakeholder;
(b) the claims made by the defendants severally; and
(c) that there is no collusion between the plaintiff and any of the defendants ;
and such plaint shall also be supported by an affidavit of the plaintiff verifying
the statements contained therein.

Property claimed 630 . When the thing claimed is capable of being paid into court or placed in the custody of
to be deposited in
the court, the plaintiff must so pay or place it before he can be entitled to any order in the
court.
action.
Procedure at the 631 . At the hearing the court may-
hearing.
(a) declare that the plaintiff is discharged from all liability to the defendants in
respect of the thing claimed, award him his costs, and dismiss him from the
action;

or if it thinks that justice or convenience so require-

(b) retain all parties until the final disposal of the action;

and if it finds that the admissions of the parties or other evidence enable it to do so, may-
(c) adjudicate upon the title to the thing claimed;

or else it may-
(d) direct the defendants to interplead one another by filing statements and
entering into evidence for the purpose of bringing their respective claims
before the court.

Who may not be 632. Nothing in this Chapter shall be taken to enable agents to sue their principals, or
sued in
tenants to sue their landlords, for the purpose of compelling them to interplead with any
interpleader.
person other than persons making claim through such principals or landlords.
Illustrations
(a) A deposits a box of jewels with B as his agent. C alleges that
the jewels were wrongfully obtained from him by A, and claims
them from B. B cannot institute an interpleader action against A
and C
 (b) A deposits a box of jewels with B as his agent. He then writes
to C for the purpose of making the jewels a security for a debt due
from himself to C. A afterwards alleges that Cs debt is satisfied,
and C alleges the contrary. Both claim the jewels from B. B may
institute an interpleader action against A and C.
Of the plaintiff 633. When the action is properly instituted, the court may provide the plaintiffs costs by
costs therein.
giving him a charge on the thing claimed, or in some other effectual way.
Procedure where 634 . If any of the defendants in an interpleader is actually suing the stakeholder in respect
stakeholder is
of the subject of such action, the court in which the action against the stakeholder is pending
sued by
shall, on being duly informed by the court which passed the decree in the interpleader action
defendant.
in favour of the stakeholder, that such decree has been passed, stay the proceedings as
against him, and his costs in the action so stayed may be provided for in such action; but if
and so far as they are not provided for in that action, they may be added to his costs incurred
in the interpleader action.

CHAPTER XLIV
ACTIONS WHICH FAIL FOR WANT OF JURISDICTION
Power to make 635. When an action fails for want of jurisdiction in the court to entertain and determine the
order for costs not
matter of the action on its merits, it shall, nevertheless, be competent to the court to make
with standing want
such order on the parties for the payment of costs as to it shall seem just; and every such
of jurisdiction.
order for the payment of costs is a decree for money within Chapter XX.
When want of 636. When the want of jurisdiction is caused by reason of the exclusive jurisdiction of any
jurisdiction caused
court or tribunal, the averment in the plaint made in pursuance of section 45 shall be
by exclusive
considered as traversed, whether the defendant in his answer is silent in reference to it or
jurisdiction of any
not; and it shall be the duty of the court to dismiss the action on this preliminary issue in bar
court or tribunal,
at the earliest stage of the action whereat, by the admission of the parties or other evidence,
averment of
it appears to the court that such court or tribunal has exclusive jurisdiction.
jurisdiction in
plaint is traversed.
[105,20 of 1977]
Order of dismissal 637 . The order of court so dismissing the action shall adjudicate upon the facts which found
not reversed on
the jurisdiction of such court or tribunal and if not appealed against, or if, in the event of an
appeal, conclusive
appeal, it is not reversed, this order shall be conclusive evidence of jurisdiction on the same
as to jurisdiction
claim being made before such court or tribunal.
of other court.
[105,20 of 1977]
And conversely. 638. Also the decision of any court or tribunal declining jurisdiction shall be conclusive
[105,20 of 1977]
evidence against such jurisdiction in an action upon the same claim brought in any other
court.
[Section 639 is repealed by Ordinance No. 9 of 1917]
[Sections 640 to 644 (both inclusive) repealed by Ordinance No. 21 of 1927]
[Sections 645 to 648 (both inclusive) repealed by Ordinance No. 7 of 1949]
[Section 649 is repealed by Ordinance No. 21 of 1927]

PART V
PROVISIONAL REMEDIES

CHAPTER XL VII
OF ARREST AND SEQUESTRATION BEFORE JUDGMENT
Arrest before 650.If a plaintiff or one of several plaintiffs in any action, either at the commencement
judgment.
thereof or at any subsequent period before judgment, shall, by way of motion on petition,
supported by his own affidavit and viva voce examination (should the Judge consider such
examination desirable), subject, however, to the exceptions hereinafter contained, satisfy the
Judge that he has a sufficient cause of action against the defendant, either in respect of a
money claim of or exceeding one thousand five hundred rupees or because he has sustained
damage to that amount, and that he has no adequate security to meet the same, and that he
 does verily believe that the defendant is about to quit Sri Lanka, and, if he shall at the same
time further establish to the satisfaction of the Judge by affidavit or (if the Judge shall so
require) by viva voce testimony such facts that 'the Judge infers from them that the defendant
is about to quit Sri Lanka, and will do so unless he be forthwith apprehended, such Judge
may order a warrant (form No. 100, First Schedule) to arrest the body of the defendant and
to bring him before the court unless he shall give bail in, or make deposit of, such an amount
as the said Judge shall consider reasonable and adequate, which amount the said Judge at
the time of making the said order shall set out on the face thereof; and the said warrant may
be executed within one calendar month from the date thereof, including the day of such date,
and not afterwards, in any district of Sri Lanka;
Provided that if the plaintiff shall be in possession of any security in part, he or the person
making the application on his behalf shall, on pain of punishment as for contempt of- court,
set forth the same particularly in his application and the amount thereof, which amount shall
be deducted from the amount of security to be required from the defendant.
Arrested person to 651 . The defendant being arrested on such a warrant shall at once be brought up before
be discharged on
the court by which it was issued in custody of the Fiscal, unless he shall give reasonable
giving bail.
security (form No. 101, First Schedule) to the Fiscal to appear and answer the plaintiffs claim
otherwise
and to abide by and perform the judgment of the court, or to surrender himself or be
committed to
surrendered to be charged in execution for the same ; in which case the Fiscal shall be
prison.
authorized to discharge him. If he is brought before the court under the warrant, or if he
appears in discharge of the bail taken by the Fiscal, he must give bail (form No. 102, First
Schedule) to abide by and perform the judgment of the court, and pay any sum or sums
which may be awarded against him or to surrender himself or be surrendered by his sureties,
to be charged in execution for the same ; or if he is unable or unwilling to give such bail, he
shall be committed to prison (form No. 103, First Schedule) until he does so, or until the
determination of the action ; and in the event of the decree being passed against him, then
until the execution of the decree subject to the provisions of Chapter XXII in regard to
imprisonment in execution of a decree for money ; and
Provided also that no person shall in any case be imprisoned under this section for a longer
period than three months before decree.
Arrested person 652 . The defendant may, instead of giving bail, as is hereinbefore directed, deposit with the
may deposit
Fiscal or in court the sum mentioned in the warrant, and thereupon he shall be discharged
money with Fiscal
from custody, and a minute of the same shall be made on the warrant; and the sum so
instead of giving
deposited shall be applied in satisfaction of the judgment should the same eventually pass
bail.
against the defendant, and the surplus, if any, shall be refunded to the defendant.
Of sequestration 653 . If a plaintiff in any action, either at the commencement thereof or at any subsequent
before judgment.
period before judgment, shall, by way of motion on petition supported by his own affidavit
and viva voce examination (if the Judge should consider such examination necessary) satisfy
the Judge that he has a sufficient cause of action against the defendant, either in respect of a
money claim of or exceeding one thousand five hundred rupees or because he has sustained
damage to that amount, and that he has no adequate security to meet the same, and that he
does verily believe that the defendant is fraudulently alienating his property to avoid payment
of the said debt or damage ; and if he shall at the same time further establish to the
satisfaction of the Judge by affidavit or (if the Judge should so require) by viva voce testimony
such facts that the Judge infers from them that the defendant is fraudulently alienating his
property with intent to avoid payment of the said debt or damage, or that he has with such
intent quitted Sri Lanka leaving therein property belonging to him, such Judge may order a
mandate (form No. 104, First Schedule) to issue to the Fiscal, directing him to seize and
sequester the houses, lands, goods, money, securities for money and debts, wheresoever or
in whose custody so ever the same may be within his district, to such value as the court shall
think reasonable and adequate and shall specify in the mandate, and to detain or secure the
same to abide the further orders of the court.
Explanation
Sequestration of immovable property has the effect of
sequestering all rents and profits which proceed there out, pending
the sequestration.
Plaintiff to give 654. Before making the order for a warrant of arrest or mandate of sequestration, the Judge
security before
shall require the plaintiff to enter into a bond (form No. 105, First Schedule), with or without
such warrant of
sureties, in the discretion of the Judge, to the effect that the plaintiff will pay all costs that
arrest or
may be awarded and all damages which may be sustained by reason of such arrest or
sequestration is
sequestration, by the defendant or by any other person in whose possession such property
issued.
shall have been so sequestered; and it shall be competent to the court to award such
damages and costs of suit either to the defendant or to those in whose possession such
property shall have been so sequestered.
Manner of 657. The sequestration ordered in pursuance of section 653 shall be made in the manner
sequestration.
hereinbefore provided for sequestration or seizure of property preliminary to sale thereof in
execution of a decree for money.
Manner of 658. If any claim be preferred to the property sequestered before judgment, such claim
investigating any
shall be investigated in the manner hereinbefore provided for the investigation of claims to
claim to property
property seized in execution of a decree for money.
sequestered.
Costs and 659. If upon any such investigation the court is satisfied that the property sequestered was
damages where
not the property of the defendant, it shall pass an order releasing such property from seizure,
sequestration
and shall decree the plaintiff to pay such costs and damages by reason of such
wrongful.
sequestration, as the court shall deem meet. If otherwise, the court shall disallow the claim,
and make such order as to costs as it shall deem meet.
Effect of 660. Sequestration before judgment shall not affect the rights, existing prior to on the
sequestration on
sequestration, of persons not parties to the action, nor bar any person holding a decree
prior rights.
against the defendant from applying for the sale of the property under sequestration in
execution of such decree.
Subsequent 661. Where property is under sequestration by virtue of the provisions of this Chapter, and
seizure of
a decree is given in favour of the plaintiff, it shall not be necessary to again seize the property
property under
as preliminary to sale or delivery in execution of such decree.
decree
unnecessary.

CHAPTER XLVIII
OF INJUNCTIONS
When Injunction 662. Every application for an injunction for any of the purposes mentioned in section 54 of
may be granted.
the Judicature Act, except in cases where an injunction is prayed for in a plaint in any action,
shall be by petition, and shall be accompanied by an affidavit of the applicant or some other
person having knowledge of the facts, containing a statement of the facts on which the
application is based.
How disobedience 663 . An injunction or an enjoining order injunction granted by court on any such application
to injunction or
or enjoining may, in case of disobedience be enforced by punished the punished of the
enjoining order
offender as for a contempt of court.
punished.
[44,79 of 1988]
Application to be 664.
on notice to
(1) The court shall before granting an injunction cause the petition of
opposite party.
application for the same together with the accompanying affidavit to be served
[45,79 of 1988]
on the opposite party.
(2) Where it appears to court that the object of granting an injunction would be
defeated by delay, it may until the hearing and decision of the application for
an injunction, enjoin the defendant for a period not exceeding fourteen days in
the first instance, and the court may for good and sufficient reasons, which
shall be recorded, extend for periods not exceeding fourteen days at a time,
the operation of such order. An enjoining order made under these provisions,
shall lapse upon the hearing and decision of the application for the grant of an
injunction.
(3) The court may, of its own motion, or on an application made by any party,
suspend the operation of an enjoining order issued under subsection (2), if it is
satisfied that such order was obtained by suppression, or misrepresentation,
of any material facts.

Effect on 665. An injunction or enjoining order directed to a corporation or board or other public body
corporation, & c.
or company is binding not only on the corporation, board, public body, or company itself, but
[46,79 of 1988]
also on all members or officers of the corporation, board, public body, or company whose
personal action it seeks to restrain.
How order set 666. An order for an injunction or enjoining order made under this Chapter may be
aside or varied.
discharged, or varied or set aside by the court, on application made thereto, by any party
[47,79 of 1988]
dissatisfied with such order.
When court may 667. If it appears to the court that the injunction or enjoining order was applied for on
award
insufficient grounds, or if, after the issue of an injunction or enjoining order which it has
compensation
granted, the action is dismissed or judgment is given against the applicant by default or
[48, 79 of 1988]
otherwise and it appears to the court, that there was no probable ground for applying for the
injunction or enjoining order, the court may on the application of the party against whom the
Injunction or enjoining order, issued award against the party obtaining the same, in its decree,
such sum as it deems a reasonable compensation for the expense or injury caused to such
party by the issue of the injunction or enjoining order. An award under this section, shall bar
any action for compensation in respect of the issue of the injunction or enjoining order.

CHAPTER XLIX
OF INTERIM ORDERS
Order for sale of 668 . Any court may, on the application of any party to an action, order the sale by any
perishable
person named in such order, and in such manner and on such terms as it thinks fit, of any
property.
movable property being the subject of such action, which is subject to speedy and natural
decay. The party carrying out the sale shall, within such time as the court shall limit, and after
deducting there out such expenses as the court allows him, deposit the proceeds of the sale
in court to the credit of the action.
Order for 669. The court may, on the application of any party to an action, and on such terms as it
detention,
thinks fit-
preservation, or
(a) make an order for the detention, preservation, or inspection and survey of
inspection of
any property being the subject of such action ;
property.
(b) for all or any of the purposes aforesaid authorize any person to enter upon
or into any land or building in the possession of any other party to such action
; and
(c) for all or any of the purposes aforesaid authorize any samples to be taken
or any observation to be made, or experiment to be tried, which may seem
necessary or expedient for the purpose of obtaining full information or
evidence.

Application herein 670 . Every application under either of the two preceding sections shall be made by petition
to be made by
in the way of summary procedure; and every party who is sought to be affected by the order
way of summary
must be named a respondent in the petition. Any such application may be made by a plaintiff
procedure.
after service of summons, or by a defendant after he has appeared in the action.

CHAPTER L
OF THE APPOINTMENT OF RECEIVERS
When court may 671 . Whenever it appears to the court to be necessary for the restoration, preservation, or
appoint a receiver.
better custody or management of any property, movable or immovable, the subject of an
action, or under sequestration, the court may on the application of any party who shall
establish a prima facie right to or interest in such property, by order-
(a) appoint a receiver of such property, and, if need be,
(b) remove the person, in whose possession or custody the property may be,
from the possession or custody thereof;
(c) commit such property to the custody or management of such receiver; and
And give him (d) grant to such receiver such fee or commission on the rents and profits of
power over the property by way of remuneration as the court thinks fit, and all such
subject of powers as to bringing and defending actions and for the realization,
action or management, protection, preservation, and improvement of the property, the
sequestration. collection of the rents and profits thereof, the application and disposal of such
 rents and profits, and the execution of instruments in writing, as the owner
himself has, or such of those powers as the court thinks fit.

Notice of 672. Notice of an application for the appointment of a receiver under this Chapter must be
application.
served on the adverse party, unless he has left Sri Lanka without leaving a recognized agent,
or unless he has failed to appear in the action and the time limited for his appearance has
expired ; or if he has left a recognized agent, such notice may be given to such agent.
Receivers to give 673. Every receiver aforesaid shall-
security and pass
(a) give such security (if any) as the court thinks fit duly to account for what he
accounts.
shall receive in respect of the property;
(b) pass his accounts at such periods and in such forms as the court directs;
(c) pay the balance due from him therein as the court directs; and
(d) be responsible for any loss occasioned to the property by his wilful default
or gross negligence.

Power of court to 674 . The court may at any time, on sufficient cause shown therefor, remove a receiver or
remove, or require
require him to give fresh security.
fresh security.
Powers 675. Nothing in sections 671 and 673 authorizes or empowers the court to remove those
conferrable by the
from the possession or custody of property under sequestration any person whom the parties
court not to
to the action or some or one of them have or has not a present right so to remove.
exceed those of
parties
themselves.

PART VI
OF SPECIAL PROCEEDINGS

CHAPTER LI
OF REFERENCE TO ARBITRATION
Matter in 676.
difference in
(1) If all the parties to an action desire that any matter in difference between
action may by
them in the action be referred to arbitration, they may at any time before
consent of parties
judgment is pronounced apply, in person or by their respective registered
be referred to
attorneys, specially authorized in writing in this behalf, to the court for an order
arbitration.
of reference.
(2) Every such application shall be in Mode of writing and shall state the
particular matters submission. sought to be referred, and the written authority
of the registered attorney to make it shall refer to it, and shall be filed in court
at the time when the application is made, and shall be distinct from any power
to compromise or to refer to arbitration which may appear in the proxy
constituting the registered attorney's general authority to represent his client in
the action.
Appointment (3) The arbitrator shall be nominated by the parties in such manner as may be
of arbitrator. agreed upon between them.
when court (4) If the parties cannot agree with respect to such nomination or if the person
may nominate whom they nominate refuses to accept the arbitration, and the parties desire
arbitrator. that the nomination shall be made by the court, the court shall nominate the
arbitrator.

The matter in 677.

difference to
(1) The court shall, by order, refer to the arbitrator the matter in difference
referred to
which he is required to determine, and shall fix such time as it thinks
arbitrator by order
reasonable for the delivery of the award and specify such time in the order.
of court.
(2) When once a matter is referred to arbitration, the court shall not deal with it
in the same action, except as hereinafter provided.

Appointment of an 678 .
umpire.
 (1) If the reference be to two or more arbitrators, provision shall be made in
the order for a difference of opinion among the arbitrators-
(a) by the appointment of an umpire; or
(b) by declaring that the decision shall be with the majority if the
major pan of the arbitrators agree ; or
(c) by empowering the arbitrators to appoint an umpire; or
(d) otherwise, as may be agreed between the parties ; or if they
cannot agree, as the court determines.

(2) If an umpire is appointed, the court shall fix such time as it thinks
reasonable for the delivery of his award in case he is required to act.

In event of death, 679. If the arbitrator, or, where there are more arbitrators than one, any of the arbitrators, or
& c, court may
the umpire, dies, or refuses, or neglects, or becomes incapable to act, or leaves Sri Lanka
appoint new
under circumstances showing that he will probably not return at an early date, the court may
arbitrator; or
in its discretion either appoint a new arbitrator or umpire in the place of the person so dying,
supersede
or refusing, or neglecting, or becoming incapable to act, or leaving Sri Lanka, or make an
arbitration.
order superseding the arbitration, and in such case shall proceed with the action.
When court may 680. Where the arbitrators are empowered by the order of reference to appoint an umpire
appoint umpire.
and fail to do so, any of the parties may serve the arbitrators with a written notice to appoint
an umpire; and if within seven days after such notice has been served, or such further time
as the court may in each case allow, no umpire be appointed, the court, upon the application
of the party who has served such notice as aforesaid, may appoint an umpire.
Powers of umpire 681 . Every arbitrator or umpire appointed under the foregoing sections shall have the like
appointed after
powers as if his name had been inserted in the order of reference.
reference.
Court to issue 682.
process.
(1) The court shall issue the same processes to the parties and witnesses
whom the arbitrators or umpire desire to examine as the court may issue in
actions tried before it.
Power of (2) Persons not attending in accordance with such process, or making any
arbitrators to other default, or refusing to give their evidence, or being guilty of any
take evidence. contempt to an arbitrator or umpire during the investigation of the matters
referred, shall be subject to the tike disadvantages, penalties, and
punishments, by order of the court on the representation of such arbitrator or
umpire, as they would incur for the like offences in actions tried before the
court.

Extension of time 683. If from the want of the necessary evidence or information, or from any other cause, the
for award.
arbitrators cannot complete the award within the period specified in the order, the court may,
if it thinks fit, either grant a further time, and from time to time enlarge the period for the
delivery of the award, or make an order superseding the arbitration, and in such case shall
proceed with the action.
When umpire may 684 . When an has been umpire appointed, he the reference in may enter on the place of
enter on the
the arbitrators-
reference in lieu of
(a) if they have allowed the appointed time to expire without making an award;
arbitrators.
or
(b) when they have delivered to the court or to the umpire a notice in writing
stating that they cannot agree.

Award to be filed 685. When an award in an action has been made, the persons who made it shall sign it and
in court.
cause it to be filed in court, together with any depositions and documents which have been
taken and proved before them ; and notice of the filing shall be given to the parties.
Award may be in 686 . Upon any reference by an order of court the arbitrators or umpire may, with the
form of special
consent of the court, state the award as to the whole or any part thereof in the form of a
case.
special case, for the opinion of the court; and after the filing of such special case upon notice
to the parties, the court shall upon an appointed day hear argument and deliver its opinion
thereon; and such opinion shall be added to and form part of the award.
Application to set 687 . Within fifteen days from the date of receipt of notice of the filing of the award any party
aside or correct
to the arbitration may by petition apply to the court to set aside the award, or to modify or to
the award.
correct the award, or to remit the award to the arbitrators for reconsideration, on grounds
mentioned in the following sections.
When court may 688 . The court may, by order, modify or correct an award-
correct award.
(a) where it appears that a part of the award is upon a matter not referred to
arbitration, provided such part can be separated from the other part and does
not affect the decision on the matter referred ; or
(b) where the award is imperfect in form, or contains any obvious error which
can be amended without affecting such decision.

Court may make 689. The court may also make such orders as it thinks fit respecting the costs of the
order as to costs.
arbitration, if any question arises respecting such costs and the award contains no sufficient
provision concerning them.
When court may 690. The court may remit the award on any matter referred to arbitration to the
remit award for
reconsideration of the same arbitrators or umpire, upon such terms as it thinks fit-
reconsideration.
(a) where the award has left undetermined any of the matters referred to
arbitration, or when it determines any matter not referred to arbitration;
(b) where the award is so indefinite as to be incapable of execution;
(c) where an objection to the legality of the award is apparent upon the face of
it.

When an award is 691 .

void. When award
(1) An award remitted under section 690 becomes void on the refusal of the
is not valid.
arbitrators or umpire to reconsider it.
When may an (2) No award shall be set aside except on one of the following grounds,
award be set namely :-
aside. (a) corruption or misconduct of the arbitrator or umpire;
(b) either party having been guilty of fraudulent concealment of
any matter which he ought to have disclosed, or of wilfully
misleading or deceiving the arbitrator or umpire;
(c) the award having been made after the issue of an order by the
court superseding the arbitration and restoring the action; and no
award shall be valid unless made within the period allowed by the
court.

Judgment to be 692.
according to the
(1) If the court sees no cause to remit the award or any of the matters referred
award.
to arbitration for reconsideration in manner aforesaid, and if no application has
been made to set aside the award, or if it has been made and the court has
refused such application, then the court shall, after the time for making such
application has expired, on a day of which notice shall be given to the parties,
proceed to give judgment according to the award ; or if the award has been
submitted to it in the form of a special case, according to its own opinion on
such case.
And decree to
(2) Upon the Judgment so given a decree shall be framed, and shall be
be framed
enforced in manner provided in this Ordinance for the execution of decrees.
thereon.
(3) No appeal shall lie from such decree except in so far as the decree is in
excess of, or not in accordance with, the award.

CHAPTER LII
OF PROCEEDINGS ON AGREEMENT OF PARTIES
Agreed statement 699.
of case for
(1) Parties claiming to be interested in the decision of any question of fact or
decision of court.
law may enter into an agreement in writing, stating such question in the form
 of a case for the opinion of the court, and providing that upon the finding of
the court with respect to such question-
(a) sum of money fixed by the parties, or to be determined by the
court, shall be paid by one of the parties to the other of them; or
(b) some property, movable or immovable, specified in the
agreement, shall be delivered by one of the parties to the other of
them; or
(c) one or more of the parties shall do, or refrain from doing, some
other particular act specified in the agreement.

(2) Every case stated under this section shall be divided into consecutively
numbered paragraphs, and shall concisely state such facts and documents as
may be necessary to enable the court to decide the question raised thereby.

When value of 700. If the agreement is for the delivery of any property, or for the doing, or the refraining
property is to be
from doing, any particular act, the estimated value of the property to be delivered, or to which
stated therein.
the act specified has reference, shall be stated in the agreement.
To what court 701. The agreement, if framed in accordance with the rules hereinbefore contained, may for
agreement may
the determination of the question or questions thereby raised be brought before the court
be presented.
which would have jurisdiction to entertain an action, the amount or value of the subject-
matter of which is the same as the amount or value of the subject-matter of the agreement.
And for this purpose it shall be presented to the court as an exhibit to a petition preferred by
one or more of the parties to the agreement in the way of summary procedure, to which
petition the other parties to the agreement shall be named respondent, and in which petition it
shall be alleged that the agreement was duly executed by all the parties, and that the
controversy is real, and that the agreement is submitted bona fide for the purpose of
determining the rights of the parties ; such petition shall be verified by affidavit, and the
prayer of the petition shall conform to the stipulations of the agreement within section 699.
Judgment and 702. If at the hearing of this petition on consideration of the evidence before it the court is
decree thereon.
satisfied that the allegations of the petition are established, and is further of opinion that the
subject of the agreement is fit to be decided, then it shall proceed to pronounce judgment
between the parties upon the facts and questions stated in the agreement, and upon the
Judgment so given a decree shall be framed and passed, and shall be enforced in the
manner provided in this Ordinance for the execution of decrees.

CHAPTER LIII
OF SUMMARY PROCEDURE ON LIQUID CLAIMS
Action by 703. All actions where the claim is for a debt or liquidated demand in money arising upon a
summary
bill of exchange, promissory note, or cheque, or instrument or contract in writing for a
procedure on
liquidated amount of money, or on a guarantee where the claim against the principal is in
liquid claims.
respect at such debt or liquidated demand, bill, note, or cheque, may, in case the plaintiff
desires to proceed under this Chapter, be instituted by presenting a plaint in the form
prescribed by this Ordinance, but the summons shall be in the form No. 19 in the First
Schedule, or in such other form as the Supreme Court may from time to time prescribe.
Defendant not to 704 .
appear or defend
Without such (1) In any case in which the plaint and summons are in such forms
except with leave.
leave decree respectively, the defendant shall not appear or defend the action unless he
at once with obtains leave from the court as hereinafter mentioned so to appear and defend
speedy ; and in default of his obtaining such leave or of appearance and defence in
execution. pursuance thereof, the plaintiff shall be entitled to a decree for any sum not
exceeding the sum mentioned in the summons, together with interest to the
date of the payment, and such costs as the court may allow at the time of
making the decree.
(2) The defendant shall not be required, as a condition of his being allowed to
appear and defend, to pay into court the sum mentioned in the summons, or
to give security therefor, unless the court thinks his defence not to be prima
facie sustainable, or feels reasonable doubt as to its good faith.
Instrument to be 705.
produced with the
(1) The plaintiff who so sues and obtains such summons as aforesaid must on
plaint, and
presenting the plaint produce to the court the instrument on which he sues,
affidavit to be
and he must make affidavit that the sum which he claims is justly due to him
made.
from the defendant thereon.
(2) If the instrument appears to the court to be properly stamped, and not to
be open to suspicion by reason of any alteration or erasure or other matter on
the face of it, and not to be barred by prescription, the court may in its
discretion make an order for the service on the defendant of the summons
above mentioned.
Summons to (3) The day to be inserted in the notice as the day for the defendant's
be of short appearance shall be as early a day as can be conveniently named, regard
date. being had to the distance of the defendant's residence from the court.

When leave to 706. The court shall, upon application by the defendant, give leave to appear and to defend
defend may be
the action upon the defendant paying into court the sum mentioned in the summons, or upon
granted.
affidavits satisfactory to the court which disclose a defence or such facts as would make it
incumbent on the holder to prove consideration, or such other facts as the court may deem
sufficient to support the application and on such terms as to security, framing, and recording
issues, or otherwise, as the court thinks fit.
When court may 707 . After decree the court may, under special circumstances, set aside the decree, and if
set aside decree,
necessary stay or set aside execution, and may give leave to appear to the summons and to
& c.
defend the action, if it seem reasonable to the court so to do, and on such terms as the court
thinks fit.
Court may order 708 . In any proceeding under this Chapter the court may order the instrument on which the
deposit of
action is founded to be forthwith deposited with an officer of the court, and may further order
instrument.
that all proceedings shall be stayed until the plaintiff gives security for the costs thereof.
Recovery of 709. The holder of every dishonoured bill of exchange or promissory note shall expenses
expenses incurred
have the same remedies for the recovery of the expenses incurred in noting the same for
in noting.
non-acceptance, or non-payment, or otherwise, by reason of such dishonour, as he has
under this Chapter for the recovery of the amount of such bill or note.
Saving clause. 710. Except as provided in this Chapter, the procedure in actions under this Chapter shall
be the same as the procedure in actions instituted under Chapter VII.
Special trial roll to 711. In every court in which cases may be instituted under this Chapter, a special trial roll
be kept.
shall be kept of such cases in which issue has been joined. And it shall be competent for the
Judge of such court to order such cases to be set down for hearing on such days, and on the
day fixed for the hearing of any such case to direct the same to be called on for trial, in such
order as to him shall appear best calculated to promote the ends of justice, any rule or
practice of such court to the contrary notwithstanding:
Provided that the parties to such case shall have received reasonable notice of the day of
hearing.

PART VII
OF THE AIDING AND CONTROLLING OF EXECUTORS AND ADMINISTRATORS, AND THE JUDICIAL
SETTLEMENT OF THEIR ACCOUNTS

CHAPTER LIV
OF AIDING, SUPERVISING, AND CONTROLLING EXECUTORS
AND ADMINISTRATORS
Proceedings to 712.
discover property
(1) An executor or administrator may present to the court from which grant of
withheld, & c.
probate or administration issued to him a petition entitled as of the action in
which such grant issued, setting forth upon knowledge, or information and
belief, any facts tending to show that money or other movable property which
ought to be delivered to the petitioner, or which ought to be included in his
inventory and valuation, is in the possession, under the control, or within the
 knowledge or information of a person who withholds the same from him, or
who refuses to impart any knowledge or information he may have concerning
the same, or to disclose any other fact which will in any way aid the petitioner
in making discovery of such property, so that it cannot be inventoried and
valued; and praying an inquiry respecting it, and that the person complained
of may be cited to attend the inquiry and to be examined accordingly.
(2) The petition may be accompanied by affidavits or other evidence tending to
support the allegations thereof.
(3) If the court is satisfied upon the materials so presented that there are
reasonable grounds for inquiry, it shall issue a citation accordingly, which may
be made returnable forthwith, or at such future time as the court shall direct.

Order to 713.
accompany
(1) There shall be annexed to, or endorsed on, the citation an order signed by
citation.
the Judge, requiring the person cited to attend personally at the time and
place therein specified.
Service of (2) The citation and order must be personally served, and the service shall be
citation- ineffectual unless it is accompanied with payment or tender of the sum
required by law to be paid or tendered to a witness subpoenaed to attend a
trial in a civil court.
Failure to (3) Failure to attend as required by the citation and order may be punished as
obey citation. a contempt of court.

Examination of 714.
person cited.
(1) Upon the attendance of a person in obedience to such citation and order,
he shall be examined fully and at large, on oath or affirmation, respecting any
money or other property of the testator or intestate, or of which the testator or
intestate was in possession at the time of or within two years preceding his
death.
Refusal to (2) A refusal to be sworn or to answer any question allowed by the court is
answer. punishable in the same manner as a like refusal by a witness in a civil case.
(3) In case the person cited puts in an affidavit that he is the owner of any of
the said property, or is entitled to the possession thereof by virtue of any lien
thereon or special property therein, the proceedings as to such property so
claimed shall be dismissed.

Further evidence. 715. In the absence of the affidavit last mentioned, either party may on any such inquiry
produce further evidence in like manner and with like effect as upon a trial.
Unless the person 716 . Where it appears to the court, from the examination and other testimony, if any, that
cited gives
there is reason to suspect that money or other property of the testator or intestate is withheld
security decree
or concealed by the person cited, the court shall, unless the person cited gives security by a
awarding to
bond entered into with the petitioner as obligee, with such sureties and in such penalty as the
possession to the
court approves, for the payment of the money or delivery of the property, or in default of such
petitioner.
delivery for the payment to the obligee of the full value thereof, and in either case of all
damages which may be awarded against the obligor for withholding the same whenever it
shall be determined in an action brought by the obligee that it belongs to the estate of the
testator or intestate, make a decree reciting the grounds thereof, and requiring the person
cited to deliver possession of the money or other property, specifying the sum or describing
the property, to the petitioner. But in the event of such security being given, and after
payment within a time to be fixed therefor of any costs which the court may award to the
petitioner, the proceedings shall be dismissed.
Disobedience to 717 .
decree contempt.
(1) Where the decree requires the person cited to deliver money, disobedience
thereto may be punished as contempt of court. Warrant to seize property.
(2) Where it requires him to deliver possession of other property, a warrant
shall issue on the application of the petitioner directed to the Fiscal, and
commanding him to search for and seize the property, if it is found in the
possession of the person cited, or his agent, or any person deriving title from
him since the presentation of the petition to deliver the same to the petitioner,
 and to return the warrant within sixty days.
(3) The issue of such a warrant does not affect the power of the court to
enforce the decree, or any part thereof, by punishing a disobedience thereto.

Executor, &c, how 718 .

compelled to
(1) A creditor, or any person interested in the estate, may present to the court
return inventory
in the action in which grant of probate or administration issued, proof by
and accounts.
affidavit that an executor or administrator has failed to file in court the
inventory and valuation, and account (or a sufficient inventory and valuation,
or sufficient accounts) required by law within the time prescribed therefor.
(2) Thereupon, or of its own motion, if the court is satisfied that the executor or
administrator is in default, it shall make an order requiring the delinquent to file
the inventory and valuation or accounts, or a further inventory and valuation or
further accounts, as the case may be ; or in default thereof to show cause at a
time and place therein specified why he should not be attached.
(3) Upon the return of the order, if the delinquent has not filed a sufficient
inventory and valuation or sufficient accounts, the court shall issue a warrant
of attachment against him, and shall deal with him as for a contempt of court.

How executor or 719 . A person committed to jail under the provisions of the last preceding section may be
administrator may
discharged by the court upon his discharged paying and delivering under oath all the from
be discharged
money and other property of the testator or intestate, and all papers relating to the estate
from commitment.
under his control, to the Judge, or person authorized by the Judge to receive the same.
Petition by 720. In either of the following cases a petition, entitled as of the action in which grant of
creditor or legatee
probate or administration issued, may be presented to the court which issued the same,
to compel
praying for a decree directing an executor or administrator to pay the petitioner's claim, and
payment.
that he be cited to show cause why such decree should not be made-
(a) by a creditor, for the payment of a debt, or of its just proportional part, at
any time after twelve months have expired since grant of probate or
administration;
(b) by a person entitled to a legacy, or any other pecuniary provision under a
will, or a distributive share, for the payment or satisfaction thereof, or of its just
proportional part, at any time after twelve months have expired since such
grant.

Citation to issue. 721 . On the presentation of such petition the court shall issue a citation accordingly, and
Hearing and
upon the return thereof shall make such decree in the premises as justice requires. But in any
decree.
case where the executor or administrator files an affidavit setting forth facts which show that
it is doubtful whether the petitioner's claim is valid and legal, and denying its validity or legality
absolutely, or upon information and belief, or where the court is not satisfied that there is
money or other movable property of the estate applicable to the payment or satisfaction of
the petitioner's claim, and which may be so applied without injuriously affecting the rights of
others entitled to priority or equality of payment or satisfaction, the decree shall dismiss the
petition, but such dismissal shall not prejudice the right of the petitioner to an action or
accounting.
Appeal. 722. Every order or decree made under the provisions of this Chapter shall be subject to an
appeal to the Court of Appeal,

CHAPTER LV
OF THE ACCOUNTING AND SETTLEMENT OF THE ESTATE
Executor may file 723 . An executor or administrator may at any time voluntarily file in the court from which
intermediate
grant of probate or administration issued to him an intermediate account, and the vouchers in
account at any
support of the same.
time.
Court may compel 724 . The court may in any case at any time, and either upon the application of a creditor or
executor to file
party interested or of its own motion, make an order requiring an executor or administrator to
intermediate
render an intermediate account.
account at any
time.
Procedure where 724A .
executor or
(1) Any person interested in the estate may present to the court proof by
administrator has
affidavit that an executor or administrator has failed to file in court such
failed to file an
account as is prescribed by section 551.
account under
(2) The court shall thereupon, or of its own motion, if satisfied that the
section 551.
executor or administrator is in default, make order which shall be served on
[108,20 of 1977]
the delinquent, requiring him to file such final account on a date to be
[6,14 of 1993]
specified therein; and in default thereof to show cause why he should not be
attached.
(3) Upon the day fixed in such order, if the delinquent has not filed a sufficient
final account, the court may issue a warrant of attachment against him and
deal with him as for contempt of court.
(4) A delinquent committed to jail under subsection (3) shall be discharged by
the court upon his filing a sufficient final account.
(5) Every account so filed by the accounting party shall be in accordance with
the specimen form No. I 18A in the First Schedule with such variations as
circumstances may require and shall set out distinctly-
(a) the assets and liabilities of the deceased valued as in the
inventory;
(b) receipts and disbursements and transactions of property
made by the accounting party up to the date to which his account
is made up ;
(c) the assets and liabilities as at the date to which the account is
made up, and all schedules thereto which would facilitate the
taking of accounts.

(6) To each account filed shall be appended an affidavit of the accounting

party to the effect that the account contains, according to the best of his
knowledge and belief, a full and true statement of all assets and liabilities and
of all his receipts and disbursements on account of the estate of the
deceased and of all money and other property belonging to the estate which
have come to his hands, or have been received by any other person by his
order or authority for his use; and that he does not know of any error or
omission in the account to the prejudice of any creditor of, or person
interested in, the estate.
(7) The court may reject an account which does not comply with the provisions
of this section and require the executor or administrator to file a sufficient
account within a specified period.

Court to grant a 724B .

discharge to the
(1) Where an executor or administrator files with his final account a receipt
executor or
and discharge in the form No. 119A in the First Schedule (subject to such
administrator
variations as circumstances may require) signed by the devisees, legatees,
where estate has
trustees, heirs, creditors or other persons entitled to or having an interest in
been duly
the estate of the deceased, establishing that the entire estate has been duly
administered and
administered and distributed, the court may grant him a discharge and enter
distributed.
an order that the estate has been fully administered..
[108, Law 20 of
1977] (2) In any case where a receipt and discharge, or a sufficient receipt and
discharge, is not filed with the final account the court may, on sufficient cause
shown, grant further time to the executor or administrator to enable such a
sufficient receipt and discharge to be filed.
(3) Where any such receipt and discharge has not been filed within the time
allowed, or where any receipt and discharge has been refused, the court may
direct that a copy of the final account be served upon the party failing or
refusing to grant such receipt and discharge and requiring such person to
appear in court on a day to be specified therein, to show cause, if any, why
the final account should not be accepted as correct.
(4) Where such a person does not appear or upon appearance on the day so
fixed he shows no cause against the acceptance of the final account the court
 shall grant a discharge to the executor or administrator and enter an order
that the estate has been fully administered.
(5) Where such person contests the correctness or sufficiency of the account
filed the court shall fix a date for a statement of objections to be filed by such
contestant and the executor or administrator shall, either on the date so fixed
or prior thereto, file in court all receipts and vouchers in support and
verification of the final account.
(6) The court shall inquire into such objections and shall make such order as
the justice of the case may require and on the executor or administrator
complying with such order discharge the executor or administrator and enter
order declaring that the estate has been fully administered.
(7) Where, however, the objections are of such a nature that, in the opinion of
the court, for the adjudication of the disputes raised therein all other parties
interested in the estate shall have notice thereof, the court shall direct judicial
settlement of the account in the manner provided in the succeeding sections.

Judicial settlement 725 . In any of the following cases, and either upon the application of a party mentioned in
of account.
the next section or of its own motion, the court may from time to time compel a judicial
settlement of the account of an executor or administrator:-
(a) where one year has expired since grant to him of probate or
administration;
(b) where such grant has been revoked, or for any other reason his powers
have ceased;
(c) where he has sold or otherwise disposed of any immovable property of the
testator, or devisable interest therein, or the rents, profits, or proceeds thereof,
pursuant to a power in the will, where one year has elapsed since the grant of
probate to him.

Who may apply 726.

for accounting.
(1) The application for a judicial settlement in the last section mentioned shall
be by petition, entitled as of the action in which grant of probate or
administration issued, and may be presented by a creditor, or by any person
interested in the estate or fund, including a child born after the making of a will;
or by any person in behalf of an infant so interested ; or by a surety in the
official bond of the person required to account, or the legal representative of
such surety.
Citation. (2) Upon the presentation thereof, citation shall issue accordingly; but in a
case specified in paragraph (a) of the last preceding section the court may, if
the petition is presented within less than eighteen months after the issue of
probate or administration, entertain or refuse to entertain it in its discretion.

Order to account. 727.

(1) Upon the return of such citation, if the executor or administrator fails either
to appear, or to show good cause to the contrary, or to present, in a proper
case, a petition as prescribed in section 729, an order shall be made directing
him to account within such a time and in such a manner as the court
prescribes, and to attend before the court from time to time for that purpose.
And the executor or administrator shall be bound by such order without
service thereof, and if he disobeys it the court may issue a warrant of
attachment against him, and the grant of probate or administration issued to
him may be revoked.
Supplemental (2) If it appears that there is a surplus, distributable to creditors or persons
citation. interested, the court may at any time issue a supplemental citation, directed to
such persons as must be cited upon the petition of an executor or
administrator for a judicial settlement of his account, requiring them to attend
the accounting.

Person cited may 728.

bring in other
(1) Upon the return of any citation issued under any of the foregoing sections
parties.
of this Chapter, the executor or administrator may, if one year has expired
 since grant of probate or administration issued to him, present a petition as in
the next section prescribed.
Proceedings. (2) A citation issued upon such a petition need not be directed to the petitioner
in the special proceeding pending against the executor or administrator; but
the hearing of the special proceeding shall be adjourned until the return of the
citation so issued, whereupon the two special proceedings shall be
consolidated. Such consolidation shall not affect any power of the court which
might be exercised in either special proceeding.

Executor, &c, may 729 . At any time after the expiration of one year since grant of probate or administration to
petition for judicial
an executor or administrator, he may present to the court which issued the same a petition,
settlement of his
entitled as of the action in which such grant issued to him, praying that his account may be
account. Citation.
judicially settled, and that the creditors or persons claiming to be creditors, husband or wife,
heirs, next of kin, and legatees (if any) of the testator or intestate, or, if any of those persons
has died, his executor or administrator (if any), may be cited to attend the settlement. If one
or more co- executors or co-administrators presents such a petition for a settlement of his
separate account, it must pray that his co-executors or co-administrators be also cited. And
upon the presentation of any such petition a citation shall issue accordingly.
Hearing. 730.
(1) Upon the return of such citation the court must take the account and hear
the allegations and proofs of the panics respecting the same.
(2) Any party may contest the account with respect to a matter affecting his
interest in the settlement and distribution of the estate; and any party may
contest an intermediate account rendered under section 724 in case the same
has not been consolidated under section 728.

Creditor not citied 731. Any creditor or person interested in the estate, although not cited, is entitled to appear
may appear.
upon the hearing, and thus make himself a party to the special proceeding.
Executor, & c. 732. Any executor or administrator whose grant has been revoked or who is desirous of
whose grant has
resigning his office may, in the same action, present to the court a petition praying that his
been revoked may
account may be Judicially settled, and that his successor (if any) and the other persons
petition.
specified in section 729 may be cited to attend the settlement. The proceedings thereon shall
be regulated according to the provisions of the last three sections.
Affidavit to be 733. To each account filed under this Chapter shall be appended an affidavit of the
annexed to
accounting party, to the effect that the account contains, according to the best of his
accounts.
knowledge and belief, a full and true statement of all his receipts and disbursements on
account of the estate of the testator or intestate, and of all money and other property
belonging to the estate which has come to his hands, or which has been received by any
other person by his order or authority for his use; and that he does not know of any error or
omission in the account to the prejudice of any creditor of, or person interested in, the estate.
Vouchers to be 734. Upon every accounting by an executor or administrator, the accounting party must
produced.
produce and file a voucher for every payment, except in one of the following cases:-
(1) He may be allowed, without a voucher, any proper item of expenditure, not
exceeding twenty rupees, if it is supported by his own uncontradicted oath or
affirmation, stating positively the fact of payment and specifying where and to
whom the payment was made :
Provided that all the items so allowed against an estate, upon all the
accountings of all the executors or administrators, shall not exceed two
hundred rupees.
(2) If he proves, by his own or another's sworn testimony, that he did not take
a voucher when he made the payment, or that the voucher then taken by him
has been lost or destroyed, he may be allowed any item of which he
satisfactorily proves the payment by the testimony of the person to whom he
made it, or, if that person is dead or cannot be found, by any competent
evidence other than his own or his wife's oath or affirmation.

But no such item shall be allowed unless the court is satisfied that the charge is correct and
just.
Accounting party
 735. The court may at any time make an order requiring the accounting party to make and
to be examined.
file his account, or to attend and be examined on oath or affirmation touching his receipts
and disbursements, or touching any other matter relating to his administration, or any act
done by him under colour of his grant or after the death of the testator or intestate, and
before the issue of such grant or touching any movable property of the testator or intestate
owned or held by him at the time of his death.
Court to 736.
determine claims.
(1) Upon a judicial settlement of the account of an executor or administrator,
he may prove any debt owing to him by his testator or intestate:
Provided that a concise statement of such debt with an intimation of the
petitioner's intention so to prove the same has been inserted in the petition.
(2) Where a contest arises between the accounting party and any of the other
parties respecting any property alleged to belong to the estate, but to which
the accounting party lays claim, or respecting a debt alleged to be due by the
accounting party to the testator or intestate, or by the testator or intestate to
the accounting party, the contest must be tried and determined in the same
special proceeding and in the same manner as any issue arising on a civil
trial.

Prescription. 737. From the death of the testator or intestate until the first judicial settlement of an
account by the executor or administrator, the running of the Ordinance relating to the
prescription of actions against a debt due from the deceased to the accounting party, or any
other cause of action in favour of the latter against the deceased, is suspended, unless the
accounting party was appointed upon the revocation of a former grant to another person; in
which case the running of the Ordinance is so suspended from the grant to him until the first
judicial settlement of his account. After the first judicial settlement of the account of an
executor or administrator, the Ordinance begins again to run against a debt due to him from
the deceased, or any other cause of action in his favour against the deceased.
Court may allow 738 . Upon a judicial settlement of the account of an executor or administrator, the court
for property lost &
may allow the accounting party for property of the testator or intestate perished or lost
c.
without the fault of the accounting party.
Effect of judicial 739 . A judicial settlement under this Chapter, either by the decree of the District Court or
settlement.
upon an appeal therefrom, is conclusive evidence against all parties who were duly cited or
appeared, and all persons deriving title from any of them at any time, of the following facts,
and no others;-
(a) that the items allowed to the accounting party for money paid to creditors,
legatees, heirs, and next of kin, for necessary expenses, and for his services
are correct;
(b) that the accounting party has been charged with all the interest for money
received by him and embraced in the account, for which he was legally
accountable ;
(c) that the money charged to the accounting party, as collected, is all that
was collectible at the time of the settlement on the debts stated in the account;
(d) that the allowances made to the accounting party for the decrease, and the
charges against him for the increase, in the value of property were correctly
made.

Decree for 740.

payment and
(1) When an account is judicially settled under the provisions of this Chapter,
distribution.
and any part of the estate remains and is ready to be distributed to the
creditors, legatees, heirs, next of kin, husband, or wife of the testator or
intestate, or their assigns, the decree must direct the payment and distribution
thereof to the persons so entitled, according to their respective rights.
(2) If any person who is a necessary party for that purpose has not been cited,
or has not appeared, a supplemental citation must be issued as prescribed in
section 727.
(3) Where the validity of a debt, claim, or distributive share is not disputed, or
has been established, the decree must determine to whom it is payable, the
 sum to be paid, and all other questions concerning the same And such decree
shall be conclusive with respect to the matters enumerated in this section
upon each party to the special proceedings who was duly cited or appeared,
and upon every person deriving title from such party.

When specific 741.

property may be
(1) In either of the following cases the decree may direct the delivery of unsold
delivered.
property, movable or immovable, or the assignment of an uncollected demand,
or any other movable property, to a party or parties entitled to payment or
distribution in lieu of the money value of the property ;-
(a) where all the parties interested, who have appeared, manifest
their consent thereto by a writing filed in court;
(b) where it appears that a sale thereof, for the purpose of
payment of distribution would cause a loss to the parties entitled
thereto-

(2) The value must be ascertained, if the consent does not fix it, by an
appraisement under oath made by one or more persons appointed by the
court for the purpose.

When money may 742 . Where an admitted debt of the testator or intestate is not yet due, and the creditor will
be retained.
not accept present payment with a rebate of interest, or where an action is pending between
the executor or administrator and a person claiming to be a creditor of the deceased, the
decree must direct that a sum sufficient to satisfy the claim, or the proportion to which it is
entitled, together with the probable amount of the interest and costs, be retained in the hands
of the accounting party, or paid into court for the purpose of being applied to the payment of
the claim when it is due, recovered, or settled; and that so much thereof as is not needed for
that purpose be afterwards distributed according to law.
Share of person 743 . Where a legacy or distributive of share is payable to a person of unsound mind or a
of unsound mind
minor, the decree may, in the discretion of the court, direct it to be paid to the manager or
minor.
curator, as the case may be, of the estate of such person of unsound mind or minor, and
where a sum of less than one hundred rupees is so payable to a minor, the decree may
direct that the same be applied to the maintenance or education of the minor. And such
manager or curator shall apply and account for any sum received by him under this Chapter
in manner in Chapters XXXIX and XL respectively provided with regard to sums coming to
his hands as such manager or curator.
Appeal. 744. Every order or decree made under the provisions of this Chapter shall be subject to an
appeal to the Court of Appeal.

CHAPTER LVI
OF ACCOUNTING IN CASES OF PERSONS OF UNSOUND MIND
AND OF MINORS
Compulsory 745. A petition praying for the judicial settlement of the account of-
judicial settlement
(a) the manager of the estate of a person of unsound mind or mentally the
of accounts in
manager of the estate of unsound mind deficient person;
cases of persons
(b) the guardian of the person of a person of unsound mind or mentally
of unsound mind,
deficient person;
mentally deficient
(c) the curator of the estate of a minor;
persons and
(d) the guardian of the person of a minor;
minors.
(e) the next friend of a minor plaintiff;
[16, 53 of 1980]
(f) the guardian for the action of a minor defendant;.

and that such persons may be cited to attend the settlement thereof, may in every case
where such person is required by law to file accounts, be presented to the court having
jurisdiction, in the manner in the last preceding Chapter provided, by any of the following
persons respectively, namely :-
In cases falling under paragraphs (a) and (b) by the person of unsound mind or mentally
deficient person, after he has been found by adjudication to have ceased to be of unsound
mind or mentally deficient, or by any relative or friend of the person of unsound mind or
 mentally deficient person, or by the executor or administrator of a deceased person of
unsound mind or mentally deficient person, or under paragraph (a) by the guardian of the
person, and under paragraph (b) by the manager of the estate, of a person of unsound mind
and mentally deficient person or by any public officer mentioned in section 556 ;
In cases falling under paragraphs (c), (d), (e), and (f)-
by the minor after he has attained majority, or by the executor or administrator of a deceased
minor, or under paragraph (c) by the guardian of the person, and under paragraph (d) by the
curator of the estate of a minor;
And in any case by the successor of any such manager, curator, guardian, next friend, or
guardian for the action. But in cases falling under paragraphs (b), (d), (e), and (f) proof must
be adduced to the satisfaction of the court that the person so required to account has
received money or property of the minor for which he is liable to account and has not
accounted.
Voluntary judicial 746. A petition praying for the judicial settlement of his account and a discharge from his
settlement of
duties and liabilities may be presented in like manner by any of the persons described under
accounts in case
paragraphs (a), (b), (c), (d), (e), and if) of the last preceding section, in any case where a
of persons of
petition for a judicial settlement of his account may be presented by any other person as
unsound mind
prescribed in the last section. The petition must pray that every person who might have so
and minors.
presented, a petition may be cited to attend the settlement.
Procedure. 747.
(1) Upon the presentation of any petition as mentioned in the last two sections,
the court shall issue a citation accordingly.
(2) Sections 724 to 740 both inclusive shall be taken to apply as far as
practicable, mutatis mutandis, to all proceedings under this Chapter. And the
accounting party must annex to every account produced and filed by him an
affidavit verifying the account.

Appeal. 748. Every order or decree made under the provisions of this Chapter shall be subject to an
appeal to the Court of Appeal.

CHAPTER LVII
GENERAL CLAUSES
Requisites of 749. Every petition by which an application is made to a District Court for the exercise of its
petitions relating
powers over or in respect of persons of unsound mind, mentally deficient persons, minors or
to persons of
trustees, as the case may be, shall state expressly that the petitioner does not know of any
unsound mind,
person interested in the subject of the petition or in the person sought to be affected by the
mentally deficient
order prayed for in the petition, who is likely to entertain any objection thereto, other than
persons, minors,
those who are named as respondents in the petition.
or trustees.
[17,53 of 1980]
Citations 750. But the court shall have power nevertheless to direct that the order nisi be served on
any person or persons other than a respondent, whom it may consider entitled to have notice
of the application.
Security bonds. 751. All security bonds made under or in pursuance of the provisions of Chapters XXXIX,
and XL, XLI shall, unless otherwise expressly or by implication directed, be expressed to be
made with the Registrar of the court for the time being, and in the case of bonds so made,
upon each occurrence of a change of Registrar the new Registrar shall be deemed to take
the place of, and to be substituted for, the Registrar whom he succeeds, as party obligee to
the contract on the bond, and shall become such party as fully and completely in all respects
as if he were originally made such party on the occasion of the making of the bond.
Security From 752. The District Court shall have the like power to make the person appointed manager of
managers and
the estate of a person of unsound mind, or mentally deficient person, or the person appointed
curators.
curator of a minor's estate, give security for the due administration of the estate as it has in
[18,53 of 1980]
the case of administrators of deceased persons' estates.

PART VIII
OF APPEALS
 CHAPTER LVIII
Powers of 753. The Court of Appeal may, of its own motion or on any application made, call for and
revisions by
examine the record of any case, whether already tried or pending trial, in any court, tribunal
Appeal.
or other institution for the purpose of satisfying itself as to the legality or propriety of any
[49,79 of 1988]
judgment or order passed therein, or as to the regularity of the proceedings of such court,
tribunal or other institution, and may upon revision of the case brought before it pass any
judgment or make any order thereon, as the interests of justice may require.
Mode of 754.
Preferring appeal.
(1) Any person who shall be dissatisfied with any judgment pronounced , by
[109,20 of 1977]
any original court in any civil action, proceeding or matter to which he is a
[50,79 of 1988]
party may prefer an appeal to the Court of Appeal against such judgment for
any error in fact or in law.
(2) Any person who shall be dissatisfied with any order made by any original
court in the course of any civil action, proceeding, or matter to which he is or
seeks to be a party, may prefer an appeal to the Court of Appeal against such
order for the correction of any error in fact or in law, with the leave of the
Court of Appeal first had and obtained.
(3) Every appeal to the Court of Appeal from any judgment or decree of any
original court, shall be lodged by giving notice of appeal to the original court
within such time and in the form and manner hereinafter provided.
(4) The notice of appeal shall be presented to the court of first instance for this
purpose, by the party appellant or his registered attorney within a period of
fourteen days from the date when the decree or order appealed against was
pronounced, exclusive of the day of that date itself and of the day when the
petition is presented and of sundays and public holidays, and the court to
which the notice is so presented shall receive it and deal with it as hereinafter
provided. If such conditions are not fulfilled, the court shall refuse to receive it.
(5) Notwithstanding anything to the contrary in this Ordinance, for the
purposes of this Chapter -
"judgment" means any judgment or order having the effect of a final judgment
made by any civil court; and
" order" means the final expression of any decision in any civil action,
proceeding or matter which is not a judgment.

Notice of appeal. 755.

[109,20 of 1977]
(1) Every notice of appeal shall be distinctly written on good and suitable
[ [50,79 of 1980]
paper and shall be signed by the appellant or his registered attorney and shall
[50,79 of 1988]
be duly stamped. Such notice shall also contain the following particulars:-
(a) the name of the court from which the appeal is preferred;
(b) the number of the action;
(c) the names and addresses of the parties to the action ;
(d) the names of the appellant and respondent;
(e) the nature of the relief claimed :

Provided that where the appeal is lodged by the Attorney-General, no such

stamps shall be necessary.
(2) The notice of appeal shall be accompanied by -
(a) except as provided herein, security for the respondent's costs
of appeal in such amount and nature as is prescribed in the rules
made by the Supreme Court under article 136 of the constitution,
or acknowledgment or waiver of security signed by the
respondent or his registered attorney ; and
(b) proof of service, on the respondent or on his registered
attorney, of a copy of the notice of appeal, in the form of a written
acknowledgment of the receipt of such notice or the registered
postal receipt in proof of such service.

(3) Every appellant shall within sixty days from the date of the judgment or
decree appealed against present to the original court a petition of appeal
 setting out the circumstances out of which the appeal arises and the grounds
of objection to the judgment or decree appealed against, and containing the
particulars required by section 758, which shall be signed by the appellant or
his registered attorney. Such petition of appeal shall be exempt from stamp
duty. Provided that, if such petition is not presented to the original court within
sixty days from the date of the judgment or decree appealed against, the court
shall refuse to receive the appeal.
(4) Upon the petition of appeal being filed, the court shall forward the petition
of appeal together with all the papers and proceedings in the case relevant to
the judgment or decree appealed against as speedily as possible, to the Court
of Appeal, retaining however an office copy of the judgment or decree
appealed against for the purposes of execution, if necessary. Such
proceedings shall be accompanied by a certificate from the Registrar of the
court stating the dates of the institution and decision of the case, in whose
favour it was decided and the dates on which the notice and the petition of
appeal were filed and the opinion of the Judge as to whether or not there is a
right of appeal against the judgment or decree appealed against.
(5) On receipt of the petition of appeal, the Registrar of the Court of Appeal
shall forthwith number the petition and shall enter such number in the Register
of Appeals and notify the parties concerned by registered post: Provided that
when the judge of the original court has expressed an opinion that there is no
right of appeal against the judgment or decree appealed against, the Registrar
shall submit the petition of appeal to the President of the Court of Appeal or
any other Judge nominated by the President of the Court of Appeal who shall
require the petition to be supported in open court by the petitioner or an
attorney on his behalf on a day to be fixed by such Judge, and the court
having heard the petitioner or his attorney, may, reject such petition or fix a
date for the hearing of the petition, and order notice thereafter to be issued on
the respondent or respondents;
Provided further that, when a petition is rejected under this section the court
shall record the reasons for such rejection.

Security to be by 756.
bond and with
(1) The security which is required to be deposited by a party appellant shall be
surety.
made by way of deposit of a sum of money or hypothecation of immovable
[50,79 of 1980]
property, to cover the costs of appeal and to no greater amount:
[50,79 of 1988]
Provided that where money is deposited as security, the same shall be
[12,14 of 1997]
deemed to have been hypothecated in favour of the Registrar of the court, for
the payment of all costs which shall be incurred and taxed in prosecution of
such appeal if the appellant is decreed to pay the same.
(2) Security shall be dispensed with where the appellant
(a) the Attorney-General;
(b) the spouse in a matrimonial action in whose favour and order
for alimony pendente lite has been made;
(c) an insolvent in respect of insolvency proceedings;
(d) exempted from depositing security by any other written law.

Procedure in 757.
respect of
(1) Every application for leave to appeal against an order of court made in the
application for
course of any civil action, proceeding or matter shall be made by petition duly
leave to appeal.
stamped, addressed to the Court of Appeal and signed by the party aggrieved
[50,79 of 1988]
or his registered attorney. Such petition shall be supported by affidavit, and
[3,38 of 1998]
shall contain the particulars required by section 758, and shall be presented to
the Court of Appeal by the party appellant or his registered attorney within a
period of fourteen days from the date when the order appealed against was
pronounced, exclusive of the day of that date itself, and of the day when the
application is presented and of Sundays and public holidays, and the Court of
Appeal shall receive it and deal with it as hereinafter provided and if such
conditions are not fulfilled the Court of Appeal shall reject it. The appellant
 shall along with such petition, tender as many copies as may be required for
service on the respondents.
(2) Upon an application for leave to appeal being filed in the Registry of the
Court of Appeal, the Registrar shall number such application and shall
forthwith send notice of such application by registered post, to each of the
respondents named therein, together with copies of the petition, affidavit and
annexures, if any. The notice shall state that the respondent shall be heard in
opposition to the application on the date to be specified in such notice. An
application for leave to appeal may include a prayer for a stay order, interim
injunction or other relief.
(4) On the date specified in the notice sent under subsection (2) or on such
other dale as the Court may fix, the Court shall hear the application for leave
to appeal and shall grant or refuse leave to appeal :
Provided that pending the hearing and disposal of such application and in the
event of leave to appeal being granted, pending the hearing and disposal of
the appeal, the Court may make order granting such interim relief as it deems
to be appropriate in the circumstances.
(5) Upon leave to appeal being granted, the Registrar of the Court of Appeal
shall immediately inform the original court, and, unless the Court of Appeal
has otherwise directed, all proceedings in the original court shall be stayed
and the said court shall as speedily as possible forward to the Court of Appeal
all the papers and proceedings in the case, relevant to the matter in issue:
[§16,2 of 1990] Provided however that in an application for leave to appeal in
respect of any order made in the course of any action instituted under the
Debt Recovery (Special Provisions) Act, No. 2 of 1990, proceedings in the
original court shall not be stayed when leave to appeal is granted unless the
Court of Appeal otherwise directs and the Court of appeal shall where it
decides to grant leave to appeal call upon the appellant to give security in
cash or by a guarantee from a banker for the satisfaction of the entire claim of
that plaintiff or such part thereof as the court deem fit in all the circumstances
of the case, in the event of the appeal being dismissed.

Language and 758.

form of appeal.
(1) The petition of appeal shall be distinctly written upon good and suitable
[50,79 of 1988]
paper, and shall contain the following particulars:-
(a) the name of the court in which the case is pending;
(b) the names of the parties to the action;
(c) the names of the appellant and of the respondent;
(d) the address to the Court of Appeal;
(e) a plain and concise statement of the grounds of objection to
the judgment, decree, or order appealed against- such statement
to be set forth in duly numbered paragraphs; form of relief
(f) a demand of the form of relief claimed.

In deciding
appeal, court (2) The court in deciding any appeal shall not be confined to the grounds set
not confined to forth by the appellant, but it shall not rest its decision on any ground not set
grounds set forth by the appellant, unless the respondent has had sufficient opportunity of
forth by being heard on that ground.
appellant.

Where petition to 759.

be rejected.
(1) If the petition of appeal is not drawn up in the manner in the last preceding
[50,79 of 1980]
section prescribed, it may be rejected, or be returned to the appellant for the
[50,79 of 1988]
purpose of being amended, within a time to be fixed by the court; or be
amended then and there. When the court rejects under this section any
petition of appeal, it shall record the reasons of such rejection. And when any
petition of appeal is amended under this section, the -Judge, or such officer as
he shall appoint in that behalf, shall attest the amendment by his signature.
[112,20 of (2) In the case of any mistake, omission or defect on the part of any appellant
1977]
 in complying with the provisions of the foregoing sections, the Court of Appeal
may, if it should be of opinion that the respondent has not been materially
prejudiced, grant relief on such terms as it may deem just.

When one of 760. Where there are more plaintiffs or more defendants than one in an action, and the
several plaintiffs
decree appealed against proceeds on any ground common to all the plaintiffs or to all the
or defendants may
defendants, any one of the plaintiffs or of the defendants may appeal against the whole
appeal against
decree, and thereupon the Court of Appeal may reverse or modify the decree in favour of all
whole decree.
the plaintiffs or defendants, as the case may be.
[50,79 of 1980]
[50,79 of 1988]
Death or change 760A . Where at any time after the lodging of an appeal in any civil action, proceeding or
of status of party
matter, the record becomes defective by reason of the death or change of status of a party to
to appeal.
the appeal, the Court of Appeal may in the manner provided in the rules made by the
[113,20 of 1977]
Supreme Court for that purpose, determine who, in the opinion of the court, is the proper
person to be substituted or entered on the record in place of, or in addition to, the party who
has died or undergone a change of status, and the name of such person shall thereupon be
deemed to be substituted or entered of record as aforesaid.

CHAPTER LIX
OF THE EXECUTION OF DECREES UNDER APPEAL
Application for 761. No application for execution of an appealable decree shall be instituted or entertained
execution of
until after the expiry of the time allowed for appealing therefrom:
decree not to be
entertained till
expiry of
appealable time.
[114,20 of 1977]
Provided, however, that where an appeal is preferred against such a decree, the judgment-
creditor may forthwith apply for execution of such decree under the provisions of section 763.
[Section 762 repealed by Law No. 20 of 1977]
Application for 763.
execution of
(1) In the case of an application being made by the judgment-creditor for
decree pending
execution of a decree which is appealed against, the judgment-debtor shall be
appeal must be
made respondent.
on notice to
If, on any such application, an order is made for the execution of a decree
debtor; and
against which an appeal is pending, the court which passed the decree shall,
execution will only
on sufficient cause being shown by the appellant, require security to be given
be granted on
for the restitution of any property which may be taken in execution of the
security.
decree, or for the payment of the value of such property, and for the due
performance of the decree or order of the Court of Appeal.
And when an order has been passed for the sale of immovable property in
execution of a decree for money, and an appeal is pending against such
decree, the sale shall, on the application of the judgment-debtor, be stayed
until the appeal is disposed of, on such terms as to giving security or
otherwise as the court which passed the decree thinks fit.
[19,53 of 1980] (2) The Court may order execution to be stayed upon such terms and
conditions as it may deem fit, where-
(a) the judgment-debtor satisfies the court that substantial loss
may result to the judgment-debtor unless an order for stay of
execution is made, and
(b) security is given by the judgment- debtor for the due
performance of such decree or order as may ultimately be binding
upon him.
Provided that in the case of decrees entered under the provisions
of the Debt Recovery (Special Provisions) Act, No. 2 of 1990, the
security to be given by the judgment-debtor shall be the full
amount of the decreed sum or such part thereof as the court
deem fit in all the circumstances of the case.
Exception in 764. No such security in appeal shall be required from the State or (when Government has
favour of the
undertaken the defence of the action) from any public officer sued in respect of an act
State.
alleged to be done by him in his official capacity.

CHAPTER LX
OF APPEAL NOTWITHSTANDING LAPSE OF TIME
Appeal 765. It shall be competent to the Court of Appeal to admit and entertain a petition of appeal
notwithstanding
from a decree of any original court, although the provisions of sections 754, 755 have not
lapse of time.
been observed:
[51,79 of 1988]
Provided that the Court of Appeal is satisfied that the petitioner was prevented by causes not
within his control from complying with those provisions ; and
Provided also that it appears to the Court of Appeal that the petitioner has a good ground of
appeal, and that nothing has occurred since the date when the decree or order which is
appealed from was passed to render it inequitable to the judgment-creditor that the decree or
order appealed from should be disturbed.
Petition therefor, 766 . In every such petition of appeal as is the subject of the last section the judgment-
to be presented
creditor shall be named respondent, and the petition shall be accompanied by a certified copy
immediately to the
of the decree or order appealed from, and of the judgment on which it is based, as well as by
court of Appeal.
such affidavits of facts and other materials as may constitute prima facie evidence that the
conditions precedent to the petition of appeal being entertained, which are prescribed in the
last section, are fulfilled. Also, every such petition shall be presented to be presented
immediately to the Court of Appeal in its the Court of appellate jurisdiction, and in addition to
the Appeal. prayer for relief in respect to the subject of appeal it shall contain a prayer that
the appeal may be admitted notwithstanding the lapse of time.
Order of Court of 767 . On any such petition being forwarded to the Court of Appeal the question whether or
Appeal thereon.
not it ought to be admitted shall be a preliminary question to be determined forthwith on
summary procedure, according to the provisions of alternative (b), section 377. If upon the
hearing of this question the Court of Appeal is satisfied that the conditions prescribed in
section 765 are fulfilled, it may order the petition of appeal to be admitted upon such'
conditions as to costs, security, or otherwise as to the court may seem just, and in the event
of its doing so the Registrar shall, where the court of first instance is the Court of Appeal,
proceed as in section 768 provided ; but where such court is a District Court, Family Court or
Primary Court, the Court of Appeal shall issue a mandate to such court, directing it to forward
to the Court of Appeal the record of the proceedings of the action in which the decree or
order appealed from was passed; if, however, on the contrary, the court is not satisfied that
the said conditions are fulfilled, it shall dismiss the petition and make such order as to costs
as may seem to the court just;

CHAPTER LXI
HEARING OF THE APPEAL
Hearing of appeal 768. When the petition of appeal has been preferred to the Court of Appeal in the manner
[116,20 of 1977]
in section 755 prescribed or in the event of the petition of appeal being presented
immediately to the Court of Appeal, and when the order for the admission has been made,
the Registrar of the Court of Appeal shall enter it in the roll of pending appeals, and the
matter of the appeal shall come up for hearing before the court without further notice to the
parties concerned, in accordance with the direction given to such Registrar by the President
of the Court or any other Judge of the Court of Appeal authorized by him in that behalf;
Provided however that the preceding provisions of this section shall not in any event
derogate from the right, power or authority of any division of the Court of Appeal or any
Judge thereof to make any order in regard to any case or matter listed for hearing, order or
disposal before such court or Judge;
Provided further that a list of the appeals pending before the court in their order on the roll, or
of a sufficient number of them, be daily kept suspended upon the notice-board of the court,
and that no appeal shall come on for hearing until it has been in that list in the case of
appeals from District Courts or Family Courts for fourteen days, or in the case of appeals
 from Primary Courts for seven days ;
Provided also that the court may of its own motion or on the application of a party concerned
and with reasonable notice to the parties accelerate or postpone the hearing of an appeal,
upon any such terms as to the prosecution or the costs of the appeal, or otherwise as it may
think fit.
Appellant and 769.
respondent to be
(1) When the appeal comes on for hearing, the appellant shall be heard in
heard.
support of the appeal. The court shall then, if it does not at once dismiss the
appeal or affirm the decree appealed from, hear the respondent against the
appeal, and in such case the appellant shall be entitled to reply.
[117,20 of (2) If the appellant does not appear either in person or by an attorney-at-law
1977]
to support his appeal, the court shall consider the appeal and make such
order thereon as it thinks fit:
Provided that, on sufficient cause shown, it shall be lawful for the Court of
Appeal to reinstate upon such terms as the court shall think fit any appeal that
has been dismissed under this subsection.

Power of court to 770. If, at the hearing of the appeal, the respondent is not present and the court is not
adjourn hearing.
satisfied upon the material in the record or upon other evidence that the notice of appeal was
[118,20 of 1977]
duly served upon him or his registered attorney as hereinbefore provided, or if it appears to
the court at such hearing that any person who was a party to the action in the court against
whose decree the appeal is made, but who has not been made a party to the appeal, is
interested in the result of the appeal, the court may issue the requisite notice of appeal for
service.
Rights of 771. When an appeal is heard ex parte in the absence of the respondent, and Judgment is
respondent to
given against him, he may apply to the Court of Appeal to rehear the appeal; and if he
object to decree.
satisfies the court that the notice of appeal was not duly served, or that he was prevented by
sufficient cause from attending when the appeal was called on for hearing, the court may
rehear the appeal on such terms as to costs or otherwise as the court thinks fit to impose
upon him.
Rights of 772.
respondent at
(1) Any respondent, though he may not have appealed against any part of the
hearing.
decree, may, upon the hearing, not only support the decree on any of the
grounds decided against him in the court below, but take any objection to the
decree which he could have taken by way of appeal, provided he has given to
the appellant or his registered attorney seven days' notice in writing of such
objection.
(2) Such objection shall be in the form prescribed in paragraph (e) of section
758.

Power of court to 773. Upon hearing the appeal, it shall be competent to the Court of Appeal to affirm,
dismiss the
reverse, correct or modify any judgment, decree, or order, according to law, or to pass such
appeal, affirm,
judgment, decree or order therein between and as regards the parties, or to give such
vary or set aside
direction to the court below, or to order a new trial or a further hearing upon such terms as
the decree or
the Court of Appeal shall think fit, or, if need be, to receive and admit new evidence
direct new trial, &
additional to, or supplementary of, the evidence already taken in the court of first instance,
c.
touching the matters at issue in any original cause, suit or action, as justice may require or to
[119,20 of 1977]
order a new or further trial on the ground of discovery of fresh evidence subsequent to the
trial.
Judgment of the 774.
court.
(1) On the termination of the hearing of the appeal, the Court of Appeal shall
either at once or on some future day, which shall either then be appointed for
the purpose, or of which notice shall subsequently be given to the parties or
their counsel, pronounce judgment in open court; and each Judge may, if he
desires it, pronounce a separate judgment.
[120,20 of (2) The judgment which shall be given or taken down in writing, shall be
1977]
signed and dated by the Judges, and shall state-
(a) the points for determination;
 (b) the decision of the Judges thereon;
(c) the reasons which have led to the decision;
(d) the relief, if any, to which the appellant is entitled on the
appeal in consequence of the decision.

[Section 775 is repealed by Law No. 20 of 1977]

Decree of the 776.
Court of Appeal.
(1) The decree of the Court of Appeal shall be passed in accordance with the
judgments of the Judges of which the bench hearing the appeal is composed,
if they are unanimous in regard to it, but, if otherwise, in accordance with the
judgments of the majority of them. It shall bear date the day on which the
judgment was pronounced, and shall contain the following particulars:-
how framed;(a) the heading "In the Court of Appeal";
(b) the court number and title of the appeal ;
(c) the names of the parties ;
(d) the names of the appellant and of the respondents cited;
(e) the parties present and heard ;
(f) a clear specification of the order made and relief granted or
other determination of the appeal.

(2) The decree shall also state by what parties, and in what proportions, the
costs of the action are to be paid.
Decree to be
(3) The decree shall be sealed with the seal of the court, ;
sealed
after sealing
(4) As soon as the decree is sealed all the proceedings in the case sent up to
of decree
the Court of Appeal (together with the petition of appeal and order thereon, if
proceedings to
any, a copy of the judgment or judgments pronounced on appeal, and the
be returned to
decree of the Court of Appeal) shall be forthwith returned to the court of first
court of first
instance ; which shall conform to and execute such decree in all particulars.
instance-

Execution of the 777 . When a party entitled to any benefit (by way of restitution or otherwise) under a decree
decree passed in
passed in an appeal under this Chapter desires to obtain execution of the same, he shall
appeal.
apply to the court which passed the decree against which the appeal was preferred ; and
such court shall proceed to execute the decree passed in appeal, according to the rules
hereinbefore prescribed for the execution of decrees in an action.
[Chapters LXII to LXIV - Sections 778 to 791 (both inclusive) repealed by Law No. 20 of
1977]

PART IX
OF SUMMARY PROCEDURE IN RESPECT OF CONTEMPTS OF COURT

CHAPTER LXV
Summary 792.In all courts the summary procedure to be followed for the exercise of the special
procedure case of
jurisdiction to take cognizance 01 contempt. and to punish summarily offences of contempt of
contempt.
court, and offences declared by this Ordinance to be punishable as contempts of court, shall
be that which is prescribed in the sections next immediately following.
Summons to 793. The court shall issue a summons to the accused person in the form No. 132 in the
accused.
First Schedule or to the like effect, which summons shall state shortly the nature of the
alleged offence and the information or grounds upon which the summons is issued, and shall
require the accused person to appear before the court on a day named in the summons to
answer the charge.
When may court 794 . It shall be competent to the court simultaneously with issuing such summons, or at any
issue warrant
time after such summons has been issued, if it has reason to believe that the attendance of
simultaneously
the accused person at the time appointed in the summons to answer the charge cannot
with summons.
otherwise be secured, to issue a warrant for his arrest in the form No. 133 in the First
Schedule or to the like effect, which warrant shall recite the issuing of the summons, and the
 day appointed therein for the hearing of the charge, and shall command that the accused
person after arrest be kept in custody until that day, and be then brought before the court to
answer the charge in the summons;
Provided that the person arrested shall at any time after arrest be enlarged upon sufficient
security, to an amount endorsed on the warrant by the court, either of the accused person's
own bond or that of another person, for his appearance in court on the day named in the
summons, being furnished to the officer in whose custody he is.
Judge to record 795 . When the information upon which the charge is based is furnished to the court, either
minute of facts
wholly or in part, by the personal observation of the Judge of the accused person's behaviour
observed by him.
and language in his presence, the Judge shall at the time record a minute of the facts so
observed by him, which shall be admissible as evidence at the hearing of the charge, and in
such case no such summons as in section 793 is mentioned shall be necessary, but the
accused person may be forthwith committed to jail or admitted to bail as in the last preceding
section provided, and all further steps shall be taken in manner herein provided, as though
such summons or summons and warrant as aforesaid had been issued.
On day of hearing 796 . On the day appointed by the court for the hearing of the charge, or on any subsequent
court may ask
day to which the hearing may have been adjourned in consequence of the previous non-
accused if he
attendance of the accused person, the court shall commence the hearing by asking the
admits truth of
accused person whether or not he admits the truth of the charge; and if he does not admit the
charge.
truth of the charge, the court shall proceed to take evidence (if any) which may be necessary
in addition to the court minute under section 795 to establish the charge; and also to take the
accused person's statement and any evidence which he may offer in answer to the charge.
Form of the 797.
conviction and
(1) If the accused person admits the charge, or if after taking the evidence on
sentence thereon.
both sides and considering the court minute and hearing the accused person's
explanation the court finds the accused person guilty of the charge, it shall
make out a conviction in the form No. 134 in the First Schedule or to the like
effect, which shall recite the materials on which the conviction is founded, and
adjudicate upon the material facts of the accused person's behaviour and
language, with so much of the surrounding circumstances as cause these to
constitute the offences of contempt of court. And the sentence passed by the
court shall be recorded on this conviction.
When may
(2) If the court finds the accused person not guilty of the charge laid, it shall
court dismiss
dismiss the charge, and shall make and record an order to that effect.
charge.

Appeal to Court of 798 . An appeal shall lie to the Court of Appeal from every order, sentence, or conviction
Appeal.
made by any court in the exercise of its special jurisdiction to take cognizance of, and to
punish by way of summary procedure the offence of contempt of court, and of offences by
this Ordinance made punishable as contempt of court; and the procedure on any such
appeal shall follow the procedure laid down in the Code of Criminal Procedure Act regulating
appeals from orders made in the ordinary criminal jurisdiction of Magistrates' Courts.
Procedure for 799. Every sentence of fine or imprisonment passed by a court in exercise of its special
carrying out
jurisdiction to take cognizance of, and to punish by way of summary procedure the offence
sentence of court
of, contempt of court, and offences by this Ordinance made punishable as contempt of court,
in case of
shall be carried into effect in the same manner and according to the same procedure as is
conviction for
provided in the Code of Criminal Procedure Act for carrying into effect sentences of fine or
contempt.
imprisonment passed by any court in the exercise of its ordinary criminal jurisdiction.
Sentences to be 800 . The provisions of Article 105 (3) of the Constitution and sections 18 and 55 of the
imposed under
Judicature Act shall apply to the sentence of fine or imprisonment, as the case may be, that
this Chapter.
may be imposed on conviction for contempt under this Chapter by the various courts.
[20,53 of 1980]
Provisions for 801. The following special provisions as to procedure in Small Claims Courts, shall be
Small Claims
taken as limiting and controlling the general provisions hereinbefore contained, but so far
Courts.
only as any such provisions are either expressly or impliedly applicable to such courts. Such
general provisions shall apply to Small Claims Courts in all respects whenever they are not
inconsistent with the special provisions contained in this Chapter, but where there is any such
inconsistency the special provisions herein contained shall apply.
 PLEADINGS
Filing of plaint and 802 .
other pleadings.
(1) An action may be instituted in the Small Claims Court by the plaintiff
presenting or transmitting to the court a duly signed written statement in plain
or concise language, or the plaintiff may state his case orally to the Judge of
such court who shall cause it to be reduced into writing, and obtain the
plaintiff's signature to it, and the statement so taken down in writing or the
statement presented or transmitted to the court, shall be deemed to be the
plaint in the case.
(2) The pleadings in the Small Claims Courts shall be limited to the following:-
(a) the plaint of the plaintiff;
(b) the answer and claim in reconvention (if any) of the
defendants;
(c) the plaintiff's reply to the defendant's claim in reconvention,
but where there is no claim in reconvention there shall be no
further pleadings beyond the answer.

Plaint to be 803. The plaint, or statement by way of plaint, shall bear the serial number of the court in
numbered.
the order in which, and the date of the day and year on which, it was filed, and shall state the
names and residences of the parties.
Plaint to state 804. The plaint must state in a plain and direct manner the facts constituting the cause of
cause.
action.
What cause of 805. The plaintiff may unite in the same plaint two or more causes of action when they all
action may be
arise-
joined.
(a) out of the same transaction or transactions connected with the same
subject of action; or
(b) out of contract express or implied:
Provided that, it must appear on the face of the plaint that all the causes of
action so united are consistent with each other, that they entitle the plaintiff to
the same kind of relief, and that they affect all the parties.

Summons to 808. Upon such plaint or statement being filed as aforesaid the court shall, by a note
issue.
thereon, appoint a date for the appearance of the defendant, such date being a day not later
than three months from the date of institution of the action in court and shall inform the
plaintiff or his attorney-at-law thereof; and the court shall also issue a summons for the
appearance of the defendant, stating therein the names and residences of the parties, the
substance of the claim, and the number of the case. Every such summons shall be in the
form No. 18 in the First Schedule.

SUMMONS
Of the 807. All summonses, orders, and other process issuing from any Small Claims Court shall
transmission of
be signed by the Registrar of the court, and shall be transmitted to any Fiscal within Sri
summons.
Lanka for service or execution: Provided that where it shall be made to appear to the court
that service of any summons, order, or process (excepting writs of execution and of
possession) may be more conveniently or speedily effected otherwise than by transmitting
the same to a Fiscal, it shall be lawful for the court, by endorsement on any such summons,
order, or process, to direct that the same may be served by any person named therein;
Provided further that where the Fiscal of the court fails, due to circumstances beyond his
control to serve summons on the defendant as specified above, the court may at its
discretion extend the period fixed for the return of summons to another date, such date being
a day not later than three months from the date on which the defendant was first required to
answer the plaint.
Of the service of 808. Sections 59 to 71, (both inclusive) and Chapter XXIII of this Ordinance shall apply to
summons.
the service, return, and proof of service of summons of the Small Claims Court in so far as
they are not inconsistent with the provisions contained in the last preceding section.

PROCEEDINGS OF APPEARANCE
The defendant to 809.
appear and admit
(1) At the place and on the date specified in the summons the defendant shall
or deny the claim.
be called upon to admit or deny the plaintiff's claim.
(2) If the defendant shall admit the claim, the court shall enter, such admission
on the record in the form No. 135 in the First Schedule, and shall require the
defendant to sign the same and enter judgment for the plaintiff;
Provided that it shall be lawful for a defendant, who cannot conveniently
attend court, to forward his admission to the Registrar, signed by himself in
the presence and under the attestation of an attorney-at-law, known to him,
and upon the receipt and entry of such admission, the court shall accordingly
enter judgment for the plaintiff.
(3) If the defendant shall deny the claim he shall be called upon to plead to the
same forthwith, or within such time as the court on cause shown may allow;
and he shall either state his defence orally to court, and the court shall cause
it to be reduced to writing and obtain the defendant's signature to it, or he shall
deliver to the Registrar an answer in writing, as provided in section 73 setting
out his defence, and any claim in reconvention which he may have against the
plaintiff. Such answer shall be signed by the defendant, or his attorney-at- law,
and shall be duly stamped and dated, and forthwith filed of record by the
Registrar.

Examination of 810. The parties may at any stage of the proceeding be examined by court with the view of
parties.
ascertaining the points at issue between them and of dispensing with any unnecessary
evidence.
Of the claim in 811. If the defendant pleads a claim in reconvention with his answer, the plaintiff shall be
reconvention.
called upon to admit or deny the same. If he denies the claim in reconvention, the plaintiff
shall be required forthwith, or at such further time as the court shall fix, to plead thereto, and
the provisions of subsection (3) of section 809 shall, so for as applicable, apply, mutatis
mutandis, to the plaintiff's reply to the defendant's claim in reconvention:
Provided, however, that in no case shall the plaintiff set out in his reply any new matter
amounting to a new cause of action if he could have pleaded the same in his original plaint.
Of entering 812. If the plaintiff admits the claim in reconvention, the court shall enter such admission on
admission.
record and shall require the plaintiff to sign the same.

MISCELLANEOUS PROVISIONS RELATING TO PLEADINGS

Action founded 813. For the purpose of setting forth a cause of action, or claim in reconvention founded
upon account or
upon an account or upon an instrument for the payment of money only, it is sufficient for the
instrument for
party to deliver the instrument, or a copy of the account, to the court, and to state that there
payment of
is due to him thereupon from the adverse party a specified sum which he claims to recover or
money.
set off.
Immaterial 814. A variance between an allegation in a pleading and the proof shall be disregarded as
variance to be
immaterial, unless such proof discloses a new cause of action, or the court is satisfied that
disregarded.
the adverse party has been misled thereby to his prejudice.
Amendment of 815. The provision of section 93 shall apply, mutatis mutandis, in respect of amendment of
pleading.
pleadings in the Small Claims Courts.
Consequence of 816. Where the defendant in any action neglects to interpose a claim in reconvention
neglect to plead consisting of a cause of action in his favour for a like cause, which might have been allowed
claim in to him at the trial of the action, he and every person deriving title thereto, through or from
reconvention. him, are for ever thereafter precluded from maintaining an action to recover the same.
Cases to which 817 . The prohibition in the last section contained does not extend to the following cases:-
section 816 does
(a) where the amount of the claim in reconvention exceeds the monetary
not apply.
jurisdiction of the court;
(b) where the claim in reconvention consists of a judgment rendered before
the commencement of the action in which it might have been interposed;
(c) where the claim in reconvention is for unliquidated damages;
(d) where the claim in reconvention consists of a claim upon which another
action was pending at the time the action was commenced;
 (e) where judgment is taken against the defendant without personal service of
summons upon him, or an appearance by him.

Judgment upon 818. Where a claim in reconvention is established which equals the plaintiff's claim, the
claim in
judgment must be in favour of the defendant; where it is less than the plaintiff's claim, the
reconvention.
plaintiff must have judgment for the residue only; where it exceeds the plaintiff's claim, the
defendant must have judgment for the excess, or so much thereof as is due from the plaintiff.

FIXING DATE OF TRIAL

Fixing the case for 819 .
trial.
(1) Immediately after the defendant's oral defence has been recorded or his
written answer received, as provided by subsection (3) of section 809, or
where there is a claim in reconvention immediately after the same has been
pleaded to as provided by section 811, the court shall fix a date for the trial of
the action, and shall enter a minute thereof on the record; and all actions fixed
for trial shall be entered in their proper order in the trial roll, to be, for that
purpose, kept by the Registrar and shall be taken up for trial in the order in
which they are so entered:
Provided, however, that it shall be competent for the court, upon cause
shown, to take up any action and try the same out of its turn.
(2) On the day appointed under subsection (1) of this section, the court, shall
record the admissions if any, made by the parties as to any facts in issue, or
as to the authenticity of any document to be produced at the trial, and shall
proceed to determine the issues.
List of (3) The parties shall, as soon as the date of trial is fixed, file a list of their
witnesses. witnesses, and of the documents which they propose to read in evidence at
the trial, and no witness shall be examined and no document shall be received
in evidence at the trial without the leave of the court unless the name of such
witness and the description of such document appears in such list.

ADJOURNMENTS
Adjournments. 820. The provisions of section 143 of the Ordinance, shall apply in respect of adjournments
in the Small Claims Courts.
The Court may 821. Upon granting an application for adjournment the court may direct that any witness
upon adjournment
who is in attendance be then examined, and the testimony of a witness so examined shall be
order. examination
recorded, and may be read at the trial as the evidence of such witness.
of witnesses.

OF DEFAULT OF APPEARANCE
Proceedings on 822.
default of
(1) If upon the date specified in the summons or any date to which the filing of
appearance of
answer has been postponed under section 807, or upon any date fixed for the
plaintiff.
hearing of the action the plaintiff shall not appear or sufficiently excuse his
absence, the plaintiff's action may be dismissed:
Provided that if the defendant when called upon under section 809 shall admit
the claim of the plaintiff, the court shall enter judgment for the plaintiff
according to law. On default of appearance of defendant.
On default of (2) If upon the date specified in the summons, or any date to which the filing of
appearance of answer has been postponed under section 807, or upon any date fixed for the
defendant. hearing of the action, the defendant shall not appear or sufficiently excuse his
absence, the court may, upon due proof of service of the summons, notice, or
order requiring such appearance, enter judgment by default against the
defendant:
Provided, however, that in all cases where in the title to, interest in, or right to,
the possession of land shall be in dispute, and in any other case in which the
court shall deem it necessary or expedient to hear evidence in support of the
plaintiff's claim, it shall order him to adduce such evidence on any day to be
fixed for that purpose, and after hearing such evidence the court shall give
 such judgment on the merits as justice shall require, and without reference to
the default that has been committed. Judgment by default may be opened up
in certain cases.
Judgement by (3) If the defendant shall within a reasonable time, after such judgment or
default may be order, by affidavit or otherwise, satisfy the court that he was prevented from
opened up in appearing in due time by accident, misfortune, or other unavoidable cause, or
certain cases. by not having received sufficient information of the proceedings and that he
did not absent himself for the purpose of avoiding service of the summons or
notice, and that he has a good and valid defence on the merits of the case,
then the court may set aside such judgment or order and any proceedings had
thereon, and may admit the defendant to proceed with his defence upon such
terms and notice to the plaintiff as the court may think fit.
If neither party (4) If upon the day specified in the summons or any day to which the filing of
appears action answer has been postponed under section 807, or upon any day fixed for the
to be hearing of the action, neither party appears when the case is called, the court
dismissed. shall enter judgment dismissing the plaintiffs action, but without costs.
Plaintiff may (5) When an action has been dismissed under the provisions of subsection (1)
be granted or subsection (4) of this section, and the plaintiff has by affidavit or otherwise
permission to satisfied the court that he was prevented from appearing by accident,
institute a misfortune, or other unavoidable cause, the court may with notice to the
fresh action. defendant either set aside the order of dismissal and proceed with the action
upon such terms as it thinks fit or, grant to the plaintiff permission to institute a
fresh action upon payment into court of the amount (if any) due to the
defendant as costs in the previous action.
No appeal (6) No appeal shall lie against any judgment entered under this section for
from judgment default of appearance, notwithstanding anything to the contrary contained in
by default. the Judicature Act, No. 2 of 1978, or in this Code.
Sections 84 to
88 not to apply(7) Sections 84 to 88 (both inclusive), shall not apply to the proceedings in the
to Small Small Claims Courts.
Claims Courts.

INTERROGATORIES
Sections 94 to 823. Sections 94 to 100, both inclusive, shall not apply to the proceedings in the Small
100 not to apply
Claims Courts.
to Small Claims
Courts.

OF THE ATTENDANCE OF WITNESSES

The attendance of 824 . The process of the Small Claims Court for compelling the attendance of witnesses
witnesses.
shall be by summons, with or without a clause requiring the production of documents in their
possession or control; every such summons shall be substantially in the form No. 136 in the
First Schedule.
Chapter XVII, 825. The provisions of Chapter XVII of this Ordinance, exclusive of section 121, shall apply
exclusive of
to the proceedings in the Small Claims Courts.
section 121, to
apply to Small
Claims Courts.

OF THE TRIAL
The trial. 826. On the day of trial the Judge shall hear and determine the action according to law.
Record of the 827. A full and complete record shall be kept of the examination of the parties, the evidence
proceedings.
of the witnesses, and of all other proceedings had in the action.
Extent of 828. The provisions of Chapter XIX of this Ordinance shall, in so far as they are not
application of
inconsistent with the provisions in this Chapter contained, apply to the Small Claims Courts.
Chapter XIX to
Small Claims
Courts.
Action by way of 829.
summary
(1) In any action where the claim is for a debt or liquidated demand in money
procedure on
arising upon a bill of exchange, promissory note, or cheque, or instrument, or
liquid claims.
contract in writing for a liquidated amount of money, or on a guarantee where
the claim against the principal is in respect of such debt or liquidated demand,
bill, note, or cheque, and the plaintiff desires to proceed by way of .summary
procedure, he may institute such action in the manner provided in Chapter LIII
of this Ordinance, and the provisions of that Chapter, exclusive of section
710, shall, for the purposes of any such action, apply to proceedings in the
Small Claims Courts.
Saving clause. (2) Except as provided in Chapter LIII of this Ordinance, the procedure in any
such action shall be the same as the procedure in actions instituted under this
Chapter.
Extending (3) The provisions of section 183A of the Ordinance in respect of affidavits by
provisions of parties and action shall apply in respect of the making of affidavits in Small
section 183 A. Claims Courts.

OF THE JUDGMENT
Judgments and 830. Judgments in Small Claims Courts shall be pronounced in open court, be reduced into
decrees.
writing on the record, and be signed by the Judge, and the provisions of Chapter XX of this
Ordinance shall, so far as they are not inconsistent with the provisions contained in this
Chapter, apply to the Small Claims Courts.
Appeal and stay 831. The provisions of Chapters LVIII, LIX, LX, LXI and LXII with reference to appeals and
of execution
the stay of execution pending appeal, shall, so far as they are not inconsistent with the
pending appeal.
provisions of this Chapter, apply to Small Claims Courts.

EXECUTIONS
Executions. 832.
(1) The provisions of Chapter XXII of this Ordinance shall apply to all
executions from Small Claims Courts so far as they are not inconsistent with
the provisions of this Chapter.
(2) Money which has been realized in execution of a decree shall be paid out
to the decree-holder on his ex pane application, provided that no notice has
been received by the court of any claims to such money by any other person
or persons.

TAXATION OF COSTS AND STAMP DUTY

Taxation of costs 833.
and stamp duty.
(1) Before any writ of execution shall be issued as aforesaid, the Registrar
shall, at the request of the party applying for the writ, forthwith tax the costs
and expenses of the action as against the adverse party, and shall enter a
note of such taxation and of the amount thereby allowed on the record of the
case; and such costs and expenses shall in all cases be taxed and payable
according to the rates specified in Part IV of the Second Schedule to this Act.
(2) All proceedings in the Small Claims Courts shall be exempt from the
payment of stamp duty under the provisions of the Stamp Duty Act, No. 42 of
1983.

APPEALS
Appeals. 833A .
(1) There shall be no appeal from any judgment, or any order having the effect
of a final judgment pronounced by the Judge of any Small Claims Court in any
action for debt, damage, or demand, unless upon a matter of law, or upon the
admission or rejection of evidence, or with the leave of the court.
(2) In the event of the Judge refusing to grant leave to appeal, it shall be lawful
 for the party aggrieved thereby, within seven days from the date of such
refusal, to file in the Small Claims Court a written application by petition to the
Court of Appeal, for leave to appeal. Such application shall for with be
forwarded by the court to the Court of Appeal together with all papers and
proceedings of the case, and a record of his grounds and reasons for refusing
to grant leave to appeal and shall be disposed of ex pane by a Judge of the
Court of Appeal. If upon hearing the application the Judge shall allow the
appeal, he shall issue an order to the court to admit the petition of appeal,
upon such conditions and within such time as to the Judge shall seem meet.

Exemption from 833B . Every petition of appeal tendered under section 833A and all documents filed and
stamp duty.
produced, shall be exempt from stamp duty under the provisions of the Stamp Duty Act, No.
42 of 1983.

CHAPTER LXVIA
PROCEDURE RELATING TO INQUIRIES INTO DISPUTES
AFFECTING LAND WHERE A BREACH OF THE PEACE IS
THREATENED OR LIKELY
Reference of 833C .
disputes affecting
(1) Whenever owing to a dispute affecting land a breach of the peace is
land.
threatened or likely-
(a) the police officer inquiring into the dispute shall-
(i) with the least possible delay file a statement relating
to the dispute in the Small Claims Court, within whose
jurisdiction the land is situate, and require each of the
parties to the dispute to enter into a bond for his
appearance before the Judge of the Small Claims
Court, or warn him to appear before such court on a
date which is not later than one week from the date of
the filing of such statement; or
(ii) if necessary in the interests of preserving the peace,
arrest the parties to the dispute and produce them
forthwith before the Small Claims Court within whose
jurisdiction the land is situate, to be dealt with
according to law, and shall also at the same time file in
that court a statement regarding the dispute; or

(b) any party to such dispute may file an affidavit in the Small
Claims Court setting out the facts and the relief sought and
specifying as respondents the names and addresses of the other
parties to the dispute. The court shall thereupon by its usual
process or by registered post notice the parties so named, to
appear in court on the date specified in the notice, such date
being not later than three weeks from the date on which the
affidavit was filed, and shall require them to file affidavits setting
out their claims, annexing thereto any documents (or certified
copies thereof) on which they rely.

(2) Where a statement or affidavit is filed in a Small Claims Court under

subsection (I), the Small Claims Court shall have and is hereby vested with
jurisdiction to inquire into, and make a determination or order on the dispute.
(3) On the date on which the parties are produced under sub-paragraph (ii) of
paragraph (a) of subsection (1) or on the date fixed for their appearance in
court under sub-paragraph (i) of paragraph (a) of that subsection, the court
shall appoint a date being a date not later than three weeks from the date on
which the parties are so produced or on the date so fixed for their appearance,
directing the parties to file affidavits setting out their claims and annexing
thereto any documents (or certified copies thereof) on which they rely.
(4) The court shall, not later than one week of the filing of the information,
cause a notice to be affixed in a conspicuous place on the land or part of the
 land, which is the subject- matter of the dispute announcing that a dispute
affecting the land has arisen and requiring any person interested to appear in
court on the date specified in such notice, such date being the day on which
the case is next being called in court.
The notice shall also require that the person interested shall, in addition to
appearing in court, file an affidavit setting out his claim and annexing thereto
any documents (or certified copies thereof) on which he relies.
(5) Where any affidavits and documents are filed on the date fixed for filing
them, the court shall, on application made by the parties filing affidavits, grant
such parties time not exceeding two weeks for filing counter-affidavits with
documents if any. The court shall permit such parties or their attorney-at-law
to peruse the record in the presence of the Registrar for the preparation of the
counter-affidavits.
(6) On the date fixed for filing affidavits and documents, where no application
has been made for filing counter-affidavits, or on the date fixed for filing
counter-affidavits, whether or not such affidavits, counter-affidavits, and
documents have been filed,-
(i) the court shall make every effort to induce the parties and the
persons interested (if any) to arrive at a settlement of the dispute,
and if the parties and persons interested agree to a settlement,
the settlement shall be recorded and signed by the parties and
persons interested and an order made in accordance with the
terms of settlement; or
(ii) where the parties and persons interested (if any) do not arrive
at a settlement, the court shall determine the dispute on the
statements filed and the affidavits and documents furnished and
shall make an order accordingly, within one week of the date.

Interim order. 833D . At any time after proceedings are commended under Chapter it shall be lawful for
the Judge of the Small Claims Court to make an interim order in terms of any order which he
is empowered to make under this Chapter, to be in operation until the conclusion of such
proceedings.
Validity of orders. 833E .
(1) An order delivered after the period specified in sub-paragraph (ii) of
subsection (6) of section 833C shall be of no force or effect. A Judge of the
Small Claims Court who fails to deliver an order within the period specified in
sub-paragraph (ii) of subsection (6) of section 833C, shall submit a written
report on the failure to make his order within the period specified, to the
Chairman of the Judicial Services Commission.
(2) Where an order made in respect of a dispute becomes of no force and
effect by reason of the operation of subsection (1) any interim order made
under section 833D in respect of that dispute, shall also be of no force and
effect

Bar to fresh 833F . No proceedings shall subsequently be instituted under subsection (1) of section
proceedings.
833C on the same facts or substantially the same facts as constitute such dispute.
Where 833G . Where proceedings have been, or are filed, in a court of competent jurisdiction, or
proceedings are
any competent tribunal involving the same dispute which is the subject-matter of proceedings
filed in competent
under this Chapter, all proceedings instituted under this Chapter shall then be terminated and
court or tribunal.
no further action taken.
Determination and 833H .
order of Judge of
(1) Where the dispute relates to the possession of any land or part thereof it
Small Claims
shall be the duty of the Judge of the Small Claims Court holding inquiry to
Court when
determine on the basis of the statement filed, and affidavits and documents
dispute is in
furnished as to which of the parties was in possession of the land or the part
regard to
thereof on the date of the filing of the statement under section 833C, and
possession.
make order as to who is entitled to possession of such land or part thereof.
(2) Where at an inquiry into a dispute relating to the right to the possession of
 any land or any part of a land, the Judge of the Small Claims Court is satisfied
on the basis of the statement filed and affidavits and documents furnished that
any person who has been in possession of the land or part thereof has been
forcibly dispossessed within a period of two months immediately before the
date on which the statement of affidavit was filed under section 833C, he may
make a determination to that effect and make an order directing that the party
dispossessed be restored to possession, and prohibiting all disturbance of
such possession otherwise than under the authority of an order or decree of a
competent court or tribunal.
(3) An order under subsection (1) or (2) shall declare any one or more persons
therein specified to be entitled to the possession of the land or the part
thereof, in the manner specified in such order until such person or persons are
evicted therefrom under an order or decree of a competent court of civil
jurisdiction, or an order of a competent tribunal, and prohibit all disturbance of
such possession otherwise than under the authority of such an order or
decree.
(4) An order under subsection (1) may contain in addition to the declaration
and prohibition referred to in subsection (3), a direction that any party
specified in the order, shall be restored to possession of the land or any part
thereof, specified in such order.
(5) Where the circumstances so justify it, the court may make order, either-
(i) directing the party placed in possession, to furnish security in
an appropriate sum against damages, the other party or parties,
as the case may be, may suffer as a result of being deprived of
possession, should a court or tribunal or competent jurisdiction
find that the party placed in possession was not entitled to such
possession; or
(ii) placing an independent receiver in possession of such land or
part thereof, who shall be answerable to court, for the profits and
income from such land or part thereof.

(6) Where the court makes an order placing an independent receiver in

possession of the land or part thereof, such receiver shall remain in
possession until a competent court or tribunal makes an order in regard to
possession.
(7) Where the court makes an order under paragraph (ii) of subsection (5)
placing an independent receiver in possession of such land, or part thereof, it
may impose such conditions, as it may deem fit, on such receiver to ensure
the proper management and preservation of the land or part thereof and for
the accounting of the income thereof.

Determination and 833J.

order of Judge
(1) Where the dispute relates to any right to any land or any part of a land,
when dispute is in
other than the right to possession of such land or part thereof, the Judge of
regard to any
the Small Claims Court shall determine on the basis of the statement filed or
other right.
affidavit or document furnished which party is entitled to the right, which is the
subject of the dispute, and make an order under subsection (2).
(2) An order under this subsection may declare that any person specified
therein shall be entitled to any such right, in or respecting the land, or in any
part of the land as may be specified in the order, until such person is deprived
of such right by virtue of an order or decree of a competent court or tribunal
and prohibit all disturbance of, or interference with the exercise of such right
by such party other than under the authority of an order or decree as
aforesaid.

Security for 833K . An order made under this Chapter may also contain such other directions as the
possession or
Judge of the Small Claims Court thinks fit with regard to the furnishing of security for the
exercise of any
exercise of the right of possession of the land or part thereof for the exercise of any right in
right may be
such land or with regard to the sale of any crop or produce, or the manner of exercise of any
ordered.
right in such land or the custody or disposal of the proceeds of the sale of any crop or
 produce.
Order where no 833L . Where the parties to the dispute do not appear before court or having appeared or
party appears.
been produced, do not file any affidavit whether with or without documents annexed, the court
shall-
(a) in a case where the dispute is in regard to possession, make order
permitting the party in possession to continue in possession; and
(b) in a case where the dispute is in regard to any other right, make order
permitting the status quo in regard to such right, to continue.

Material on which 833M. In making a determination and order under this Chapter the Judge of the Small
Judge may act.
Claims Court shall only take into consideration the statement filed and the affidavits and
documents furnished by the parties. No party shall be permitted to lead oral evidence at any
hearing or inquiry under this Chapter.
Penalty for 833N . Any person who acts in contravention of or fails to comply with, an order made
contravention of,
under this Chapter shall be guilty of an offence and shall on conviction by the Judge of the
or failure to
Small Claims Court be liable to imprisonment of either description for a term not exceeding
comply with order.
six months or to a fine not exceeding one thousand rupees or to both such imprisonment and
fine.
Order not to affect 833P .
right or interest
(1) An order under this Chapter shall not affect or prejudice any right or
which may be
interest in any land or part of a land which any person may be able to
established in
establish before competent court or tribunal and it shall be the duty of the
competent court
Judge of the Small Claims Court, who commences to hold an inquiry under
or tribunal.
this Chapter, to explain the effect of these sections to the persons concerned
in the dispute and after making an order under this Chapter to cause a notice
explaining the effect of these sections, to be affixed on the land which is the
subject of the dispute, and in any other appropriate public place.
(2) An appeal shall not lie against any determination or order made under this
Chapter.

Meaning of 833Q . In this Chapter "dispute affecting land" includes any dispute as to the right to the
"dispute affecting
possession of any land or part thereof and the buildings thereon or the boundaries thereof, as
land".
to the right to cultivate any land or part of a land, or as to the right to the crops or produce of
any land, or part of a land, or as to any right in the nature of a servitude affecting the land
and any reference to "land" in this Chapter includes a reference to any building standing
thereon.
Fiscal to execute 833R . The Fiscal shall, where necessary, execute all orders made under the provisions of
orders of court.
this Chapter.

PART X

CHAPTER LXVII
MISCELLANEOUS
Privilege from 834. No Judge, Magistrate, or other judicial officer shall be liable to arrest under civil
arrest of Judges,
process while going to, presiding in, or returning from his court. And where any matter is
parties registered
pending before a court having jurisdiction therein, or believing in good faith that it has such
attorneys and
jurisdiction, the parties thereto and their registered attorneys and counsel shall be exempt
counsel.
from arrest under civil process while going to or attending such court for the purpose of such
matter, and while returning from such court.
When may civil 835.
court send cases
(1) When in a case pending before any court there appears to the court
for investigation to
sufficient ground for sending for investigation to a Magistrate a charge of any
Magistrate.
such offence as is described in sections 190, 193, 196, 197, 202, 203, 204,
205, 206, 207, 452, 459, 462, 463, 464, or 466 of the Penal Code, which may
be made in the course of any other action or proceeding or with respect to
any document offered in evidence in the case, the court may cause the person
accused to be detained till the rising of the court, and may then or sooner
 send him in custody to the Magistrate or take sufficient bail for his appearance
before the Magistrate. The court shall send to the Magistrate the evidence and
documents relevant to the charge, and may bind over any person to appear
and give evidence before such Magistrate.
(2) The Magistrate shall receive such charge and proceed with it according to
law.

Warrant of arrest 836 . At any time after a warrant of arrest has been issued under this Ordinance the court
may be cancelled
may cancel it on the ground of the serious illness of the person against whom the warrant
on ground of
was issued.
illness of party.
Judgment debtor 837 .
under arrest may
(1) When a judgment-debtor has been arrested under this Ordinance, the
be released on
court may release him, it in its opinion he is not in a fit state of health to
illness.
undergo ground of imprisonment
(2) When a judgment-debtor has been committed to Jail, he may be released
there from-
(a) by the Commissioner of Prisons or by any two Visitors of the
jail, on the ground of his suffering from any infectious or
contagious disease; or
(b) by the committing court or any court having jurisdiction in the
place at which such jail may be situate, on the ground of his
suffering from any serious illness.

Released 838. A judgment-debtor released under the last preceding section may be re-arrested, but
judgment debtor
the period of his imprisonment shall not in the aggregate exceed six months.
may be
rearrested.
Inherent powers 839. Nothing in this Ordinance shall be deemed to limit or otherwise affect the inherent
of court saved.
power of the court to make such orders as may be necessary for the ends of justice or to
prevent abuse of the process of the court.
994-7-1997
Regulations. 840.
[13,14 of 1997]
(1) The Minister may make regulations for, and in respect of all or any of the
matters, for which regulations are required or authorized to be made by this
Ordinance, or which are required by this Ordinance to be prescribed.
(2) Every regulation made by the Minister shall be published in the Gazette
and shall come into operation on the date of such publication or on such later
date as may be specified in the regulation.
(3) Every regulation shall, as soon as convenient after publication in the
Gazette, be brought before Parliament for approval. Any regulation which is
not so approved shall be deemed to be rescinded as from the date of its
disapproval, but without prejudice to anything previously done thereunder.
(4) Notification of the date on which any regulation made by the Minister is so
deemed to be rescinded, shall be published in the Gazette.

Schedules
See Schedules ,
2 of 1990
6 of 1990
14 of 1993

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