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 [18th December , 1988 ]
[ Gazette No - 656-24-1991]
2 of 1990 [6th March , 1990 ]
6 of 1990 [6th March , 1990 ]
9 of 1991 [8th March , 1991 ]
6 of 1993 [18th February , 1993 ]
14 of 1993 [31 st March , 1993 ]
[ Gazette No - 772-1-1993]
11 of 1995 [30th June , 1995 ]
12 of 1996 [3rd July , 1996 ]
14 of 1997 [22 nd July , 1997 ]
38 of 1998 [22nd June , 1998 ]
34 of 2000 [21st July , 2000 ]
20 of 2002 [4th October , 2002 ]
[1st August , 1890 ]
 CHAPTER I
PRELIMINARY
Short title.1. This Ordinance may be cited as the Civil Procedure Code.
Where no provision is 4. In every case in which no provision is made by this Ordinance, the
made special procedure and practice hitherto in force shall be followed, and if any
directions to be given matter of procedure or practice for which no provision is made by this
by Court of Appeal. Ordinance or by any law for the time being in force shall after this
Ordinance comes into operation arise before any court, such court shall
thereupon make 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repealed or modified.
Interpretation5. 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 "Attorney-General" includes the Solicitor-General, the Additional Solicitor-General and
1977]
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 "Judge" means the presiding officer of a court and includes Judges of the Supreme Court
1977]
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 "legal document" includes all processes, pleadings, petitions, affidavits, notices, motions
1977]
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 "Public Trustee" means the Public Trustee of Sri Lanka appointed under the Public
1977]
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 " registered attorney " means an attorney-at-law appointed under Chapter V by a party or
1977]
his recognized agent to act on his behalf;
[2,20 of "Registrar" in relation to a court - includes an Additional, Deputy or Assistant
1977]
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 action. 7. The procedure of an action may be either " regular " or " summary ".
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
action to be specially provided that proceedings may be taken by way of summary
ordinarily regular. procedure, every action shall commence and proceed by a course of regular
[2,53 of 1980]
procedure, as hereinafter prescribed.
CHAPTER III
 OF THE COURT OF INSTITUTION OF ACTION
Institution of actions: 9. Subject to the pecuniary or other limitations prescribed by any law,
in what court action shall be instituted in the court within the local limits of whose
jurisdiction

(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
or more courts which of two or more courts any immovable property is situate, any one of
may entertain an those courts may, if satisfied that there is ground for the alleged uncertainty,
action. record a statement to that effect, and thereupon 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
withdrawal and may, before trial, and after notice in writing to the other parties of his
transfer of action intention so to do, apply to the Court of Appeal by motion, which shall be
[3,20 1977]
supported by affidavit setting out the grounds on which it is 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 In no case in which any action is so transferred as aforesaid from one court to another
duty. 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
tenants or tenants property as joint tenants or tenants in common, one or more of them may
in common. maintain an action in respect of 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
added plaintiff, or where it is doubtful whether it has been instituted in the name of the
plaintiffs. 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 person 14A.
against whom a right to any
relief is alleged to exist dies (1) Where a person against whom the right to any relief
and the right to due for relief is alleged to exist is dead and the right to sue for such
survives. relief survives, the person in whom such right is alleged
[2,6 of 1990]
to exist, may make an application by way of summary
procedure supported by affidavit to the court in which
an action for the same may be instituted, in the
following manner:-

(a) Where such person has died intestate

leaving an estate, specifying the name,
description, and place of abode of any 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 joined 15. The plaintiff may, at his option, join as parties to the same action all or
as parties any of the persons severally, or jointly and severally, liable on any one
defendant. contract, including parties to bills of exchange and promissory notes.
Where numerous 16 . Where there are numerous parties having a common interest in
parties, one may sure bringing or defending an action, one or more of such parties may, with
or defend for all. the permission of the defend for all. court, sue or be sued, or may defend
Notice. in such an action on behalf of all parties so interested.
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
defeat action. parties, and 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 18 .
improperly
joined may be Addition of (1) The court may on or before the hearing, upon the application of
struck out. parties. either 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
otherwise in pursuance of, and in conformity with, the provisions of the last preceding
allowed. section. And no person shall be added as plaintiff, or as the next friend of a
plaintiff, without his own consent thereto;
Except in Provided however that any person on cases whose behalf an action is instituted or
under under section defended may apply to the 16. court to be made a party, and all parties
section 16. 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 action proper.
Amendment of 21. Where a defendant is added, the plaint shall, unless the court direct otherwise,
plaint be 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 non- 22. All objections for want of parties, or for joinder of parties who have
joinder or misjoinder no interest in the action, or for misjoinder as co- plaintiffs or co-
to be taken before defendants, shall be taken at the earliest possible opportunity, and in all
hearing. cases before the hearing. And any such objection not so taken shall be
deemed to have been waived by the defendant.
Plaintiffs (or 23. When there are more plaintiffs than one, any one or more of them
defendants) may may be authorized by any other of them to appear, plead, or act for such
authorize one of them other in any proceeding under this Ordinance; and in like manner, when
to act for them. there are more defendants than one, any one or more of them may be
authorized by any other of them to appear, plead, or act for such other in
any 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 be by 24. Any appearance, application, or act in or to any court, required or
party in person, his authorized by law to be made or done by a party to an action or appeal
recognized agent, or in such court, except only such appearances, applications, or acts as by
attorney-at-law. any law for the time being in force only attorneys-at-law are authorized
to make or do, and except when by any such law otherwise expressly
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
agents. may be 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 on the 26 .
recognized
agent,effectual (1) Processes served on the recognized agent of a party to an
action or 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
attorney. (1) The appointment of a registered attorney to make any
appearance or 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
incapacity Of shall die, or be removed or suspended, or otherwise become incapable to act as
registered aforesaid, at any time before judgment, no further proceeding shall be taken in
attorney the action against the party for 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
registered or ordinary residence of such registered attorney, relative to an action or appeal,
attorney except where 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 30. Besides the recognized agents described in section 25, any person residing within
accept the jurisdiction of the court may be appointed an agent to accept service of process.
service. 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 upon
mortgage of (1) The mortgagor of any immovable property may make
immovable property. application for the registration of the address of any registered
[2,12 of 1973]
attorney or any person for the service of process in any action
upon the mortgage. The application shall be made
substantially in the form No. 11A in the First Schedule.
(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
how to be as to afford how to be ground for a final decision upon the subjects framed, in
framed dispute, and so to prevent further litigation concerning them,
Every action 34.
shall include
whole claim (1) Every action shall include the Every action whole of the claim
which the 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.
35 .

Joinder of (1) In an action for the recovery of immovable property, or to obtain a declaration
claims in of title to immovable property, no other claim, or any cause of action, shall be
actions for made unless with the leave of the court, except
immovable
property. (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, & c. mentioned claims are alleged to arise with reference to the estate in respect 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 36.
other
cases. (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
order before the hearing, of its own motion or on the application of any
separation. defendant, in both 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
defendant in such several causes of action, which cannot be conveniently disposed of in one
cases. action, may at any time before the 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 38.
court
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 39. Every action of regular procedure shall be instituted by presenting a duly
to commence by stamped written plaint to the court, or to such officer as the court shall appoint
plaint. in that behalf. The plaint shall be accompanied by such number of summonses
[6,20 of 1977]
in Form No, 16 in the First Schedule as there are defendants, and a precept in
[3,79 of 1988]
Form" No. 17 of the said Schedule.
Requisites 40 . The plaint shall be distinctly written upon good and suitable paper, and shall
of 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 be 41. When the claim made in the action is for some specific portion of land,
described by metes or for some snare or interest in a specific portion of land, then the portion of
and bounds or land must be described in the plaint so far as possible by reference to
sketch. physical metes and bounds, or by reference to a 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
representative character must plaint should show, not only that he has an actual existing
show that the character has interest in the subject-matter, but that he has taken the steps
accrued to him. necessary to enable him to institute an action concerning it.
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 defendant's 43. The plaint must show that the defendant is or claims to be
interest and liability to be interested in the subject-matter, and that he is liable to be called
sued. upon to answer the plaintiffs demand.
Exemption from bar 44. If the cause of action arose beyond the period ordinarily allowed by
from lapse of time to be any law for instituting the action, the plaint must show the ground upon
shown. which exemption from such law is claimed.
Jurisdiction of court 45. Every plaint shall contain a statement of facts setting out the
to be averred jurisdiction of the court to try arid determine the claim in respect of which
the action is brought.
46 .

Subscription of (1) Every plaint presented by a registered attorney on behalf of a plaintiff shall be
plaint 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 plaint shall think fit, refuse to entertain the same for any of the following reasons,
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;
(j) When the plaint having been returned for amendment within a
time fixed by the court is not amended within such time,
[4,79 of 1988] (k) When the plaint is not accompanied by such number of
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
presented to jurisdiction by reason of the amount or value involved, or by reason of the
wrong court. conditions made necessary to the 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 48. Every order returning or rejecting a plaint shall specify the date when the plaint
rejection of was presented and so returned or rejected, the name of the person by whom it was
plaint. 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
endorsed on plaint (1) The plaintiff shall endorse on the plaint, or annex thereto, a
[8,20 of 1977]
memorandum of the documents, if any, which he has produced
along with it; and if the plaint is admitted, shall present as
many copies on unstamped paper of the plaint as 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 produce 50 . If a plaintiff sues upon a document in his possession or power, he shall
with plaint document produce it in court when the plaint is presented, and document sued shall at
sued on. the same time deliver the document on or a copy thereof to be filed with
the plaint.
To annex list of 51. If he relies on any other documents (whether in his possession or power
other documents. or not) as 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 where document 52 . In the case of any such document not being in his possession
not in his possession is. or power, he shall, if possible, state in whose possession or power
it is.
Action on lost 53. In the case of any action founded upon a bill of exchange, promissory note,
negotiable cheque, or any negotiable instrument, if it be proved that the instrument is lost,
instrument. and if an indemnity be 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 produced 54. A document which ought to be produced in court by the plaintiff
with plaint inadmissible when the plaint is presented, or to be entered in the list to be added or
afterwards without annexed to the plaint, and which is not produced or entered accordingly,
leave, shall not, without the leave of the court, be received in evidence on his
[9,20 of 1977]
behalf at the hearing of the action.
CHAPTER VIII
OF THE ISSUE AND SERVICE OF SUMMONS
Summons.55.
[10,20 of
1977]
[2,14 of 1997] (1) Upon the plaint being filed and the copies of concise statements
required 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 despatch 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 registered (1) Summons shall ordinarily be served by registered post.
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 60.
service.
[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 61. When a summons is served by registered post, the advice of delivery issued under
service, the Inland Post Rules, and the endorsement of service, if any, and where the summons
[3,14 of
1997]
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,
service not being a day later than three months from the day on which the defendant was
[12,20 of 1977]
earlier required to answer the plaint, on or before which the defendant shall file his
[4,14 of 1997]
answer and comply with the other requirements of section 55.
When more defendants than 63. When there are more defendants when more than one, service
one, service on each. of the summons shall be defendants made on each defendant.
Agents to accept 64 . When a defendant has an appointed under section 30 empowered to accept
service; partners service, service of summons on such agent shall be sufficient. And in the case
and manager. of an action against 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 in 64A. Where the mortgagor has registered the address of an agent under
mortgage action section 30A, service of summons may be made on such agent and shall be
sufficient.
When defendant out 65 . In an action relating to any business or work against a person who does
of jurisdiction has not reside within the local limits of the jurisdiction of the court from which
manager within it. the summons issued, service on any manager or agent who at the time of the
service personally carries on such business 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 in 66. In an action to obtain relief respecting or compensation for wrong to
charge of immovable property, if the service cannot be made on the defendant in
immovable person, and the defendant has no agent empowered to accept service, it may
property. be made on any agent of the defendant in charge of the property.
Misdescription not 67. No misnomer or misdescription of any person or place in any such
to vitiate summons, summons, order, or process shall vitiate the same, provided that the person
& c. or place be therein described as he 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
defendant in the officer in charge of the jail in which the defendant is confined, and such
jail. 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
Lanka. Application all cases in which the court has jurisdiction. Every application for an order
for, how made. for leave to serve such summons on 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
leave for service of Lanka shall direct the mode by which such service shall be effected, and also
summons out of Sri direct that the defendant shall on or before the date specified in the
Lanka. summons, such date being a date not later than six months from the date of
[6,79 of 1988]
the order for service outside Sri Lanka, file his answer and comply with the
other requirements of section 55.
Form of 71. A summons under sections 69 and 70 shall be in the form No. 18 in the
summons First Schedule.
CHAPTER IX
[§14,20 of 1977] OF FILING ANSWER
Judgment against 72. If the defendant admits the claim of the plaintiff, the court shall give
defendant if he admits judgment against the defendant according to the admission so made.
claim of the plaintiff. Such admission shall be in writing, signed by the defendant and his
[15,20 of 1977]
signature attested by an attorney-at-law.
Answer to be 73 . If the defendant does not admit the plaintiffs claim, he shall himself, or his
in writing registered attorney shall on his behalf, deliver to the court a duly stamped written
[15,20 of 1977]
answer.
[Section 74 is repealed by Law No. 20 of 1977]
Requisites 75.Every such answer shall be distinctly written upon good and suitable paper, shall
of answer. be duly stamped, shall be subscribed by the defendant or his duly 1977] constituted
[17,20 of 1977]
representative 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 court to 76 . If the defendant intends to dispute the averment in the plaint as to the
be specially traversed. jurisdiction of the court, he must do so by a separate and distinct plea,
expressly traversing such averment.
Rejection and 77. If any answer is substantially defective in any of the particulars
amendment of hereinbefore defined, or is argumentative or prolix, or contains matter irrelevant
answer. to the action, the court may, by an order to be endorsed thereon, reject the same
[7,79 of 1988]
or return it to the party by whom it was made, 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 be delivered to 78 . A copy of the answer shall be served on the plaintiff, or
plaintiff or his registered attorney. each of the plaintiffs, if more than one, or his or their
[18,20 of 1977]
registered attorney.
CHAPTER X
OF THE REPLICATION AND FURTHER PLEADINGS
When 79 . Except in the case of a claim by a defendant in reconvention, no pleading
replication may after answer shall be tiled except by order of court on special motion to be made
be allowed. after due notice to the other side, and before the day appointed for the hearing of
[19,20 of 1977]
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 80. On the date fixed for the filing of the answer of the defendant or where replication is
of permitted, on the date fixed for the filing of such replication, and whether the same is filed
trial. or not, the court shall appoint a date for the trial of the action, and shall give notice
[8,79 of
1988]
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 number of 81. The court shall, in fixing the day of hearing, be careful not to
cases to be fixed for each appoint more cases for one day than there is a probability of the court
day. getting through on that 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 placed
at the head of the (1) The cases in any day's cause list not disposed of on that day,
roll. by reason of want of time, will be placed at the head of the next
court-day's cause list, 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) OF
1977] 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
defendant. of the answer, or on or before the day fixed for the subsequent filing of the answer
[23,20 of 1977]
or having filed 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 85.
ex parte trial
[23,20 of 1977]
(1) The plaintiff may place evidence before the court in support of his
claim by 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 excuses 86 .
his default, any order
or judgment to be set (2) Where, within fourteen days of the service of the decree
aside. entered against him for default, the defendant with notice to the
[23,20 of 1977]
plaintiff makes application to and thereafter satisfies court, that
he had reasonable grounds for such default, the court shall set
aside the judgment and decree and permit the 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- 87 .
appearance of
Plaintiff (1) Where the plaintiff or where both the plaintiff and the defendant
[23,20 of 1977]
make trial, 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 Judgment 88 .
for default but order setting
aside or refusing to set aside (1) No appeal shall lie against any judgment entered
judgment appealable. upon default.
[23,20 of 1977]
(2) The order setting aside or refusing to set aside the
 judgment entered upon default shall be accompanied by
a judgment adjudicating upon the facts and specifying
the grounds upon which it is made, and shall be liable to
an appeal to the Court of Appeal.
[4,53 of 1980] (3) The provisions of sections 761 and 763 shall, mutatis

mutandis, apply to 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
more defendants severally liable, where a summons is served upon any of them, the plaintiff
severally liable. may proceed against the person 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 defendants 90. In the case of an action where there are more defendants than
appearing, no decree for one, the court shall not be obliged to pass a decree for default against
default need be passed a defendant for failing to appear at a stage of the action, provided that
against others. one defendant at least appears at that stage against whom the action
must proceed,
CHAPTER XIII
OF MOTIONS
Motions 91. Every application made to the court in the course of an action, incidental thereto,
[23,20 of
1977]
and 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
extensions of time. (1) Where a day is fixed or time appointed for doing any act
[25,20 of 1977]
or taking any proceeding by a party to the action, the court
may, from time to time, upon the motion of such party and, if
sufficient cause is shown, fix another day or 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.
[9,79 of 1988]
1) Upon application made to it before the day first fixed for trial of
[3,9 of 1991]
the action, in the presence of, or after reasonable notice to all the
parties to the action, 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
interrogatories. registered attorney (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 unreasonable 96. The court, in adjusting the costs of the action, shall at the instance of
interrogatories to be any party, inquire, or cause inquiry to be made, into the propriety of
borne by party in fault. delivering such interrogatories; and if it thinks that such interrogatories
have been delivered unreasonably, vexatiously, or at improper length, the
costs occasioned by the said interrogatories, and the answers thereto,
shall be borne by the party in fault.
Interrogatories to 97 . If any party to an action is a body corporate or a company, whether
company, & c. incorporated or not, 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 98. Any party called upon to answer interrogatories, whether by himself or by any
may refuse such member or officer, may refuse to answer any interrogatory on the ground that
to answer. 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
by affidavit. days from the 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
further answer. insufficiently any 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
Documents (1) Either party may, by a notice issued by order of court, to be
obtained on 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
documents. (1) The court may, at any time during the pendency therein of any
action, 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 of production by any party thereto or such of the documents in his possession or
documents. power relating to any 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 make 103A.
discovery or give inspection
of documents under certain (1) In any action to which the State is a party, the State
circumstances. may also be required to make discovery or give
[26,20 of 1977]
inspection of documents.
(2) The provisions of subsection (1) shall not prejudice
the right of the State to withhold any document on the
ground that in the opinion of the Minister in charge of
the subject to which the document relates, the public
interest would suffer by such disclosure.
Notice to produce 104.
documents for
inspection. (1) Any party to an action may, at any time before or at the
hearing thereof, by 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 such 105. The party to whom such notice is given shall, within ten days from
production to be the receipt thereof, deliver through the court to the party giving the same
specified by party a notice stating a time within three days from such delivery at which the
receiving notice. documents, or such of them as he does not object to produce, may be
inspected at his registered attorney's office or some other convenient
 place, and stating which, if any, of the documents he objects to produce,
and on what grounds.

Otherwise, order for 106. If any party served with notice under section 104 omits to give notice
inspection to be under section 105 of the time for inspection, or objects to give inspection,
made by court. or names an inconvenient place for inspection, the party desiring it may
apply to the court for an order of inspection.
Application for order 107. Except In the case of documents referred to in any pleading or
to be supported by affidavit of the party against whom the application is made, or disclosed
affidavit. in his affidavit of documents, such application shall be founded upon an
affidavit showing-

(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
question as to objects to the same or any part thereof, and if the court is satisfied that the
discovery or right of such discovery or inspection depends on the determination of any
inspection. issue or question in dispute in the action, or 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 not 109.
complying with order
under this Chapter. (1) If any party fails to comply with any order under this
Chapter to answer interrogatories, or for discovery,
production, or inspection, which has been 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 110.
inspect
records of (1) The court may of its own accord, or in its discretion upon the
other courts. application of 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
ready with all readiness at the hearing of the action, to be produced when called for by the
documents at court, all the documentary evidence of every description in their possession or
trial. 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 for 112. No documentary evidence in the possession or power of any party
and not produced shall which should have been, but has not been, produced in accordance with
not be received the requirements of section 111, shall be received at any subsequent stage
afterwards. of the proceedings, unless good cause be shown to the satisfaction of the
court for the non- production thereof. And the court on receiving any such
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
record unless (1) No document shall be placed on the record unless it has been
proved. proved or admitted in accordance with the law of evidence for the
time being in force.
Proved (2) Every document so proved or admitted shall be endorsed with
documents some number or letter sufficient to identity it. The Judge shall
to be then make an entry on the record to the effect that such document
marked and was proved against or admitted by (as the case may be) the person
filed 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 (3) All documents produced at the hearing and not so proved or
which are admitted shall be returned to the parties respectively producing
 not proved them.
to be
returned to
parties.
Court may order 115. Notwithstanding anything contained in section 114, the court may, if it
any document to be sees sufficient cause, direct any document or book produced before it in any
impounded. action to be impounded and kept in the custody of an officer of the court for
such period and subject to such conditions as the court thinks fit.
116.

When (1) When an action has been disposed of, or when the time for preferring an
document appeal from the decree has elapsed, or if an appeal has been preferred, then after
admitted in the appeal has been disposed of, any person, whether a party to the action or not,
evidence may desirous of receiving back any document produced by him in the action, and
be returned. 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 receipt
returned shall be given by the party receiving it, in a receipt book to be kept for the
documents. purpose.
Provisions as to documents 117 . The provisions herein contained as to documents shall, so
apply to other material objects. far as may be, apply to all other material objects producible as
evidence.
TRANSLATIONS OF DOCUMENTS
Translations of 118. No translation of any document tendered in evidence in any court shall be
documents, permitted to 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
deemed a Appeal, or a Government sworn translator, or an interpreter of a District Court, or
translator. Family Court or Primary 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
translators. of fees 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 1977] OF WITNESSES AND DOCUMENTS
121.

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

(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
witness's within a period to be fixed by the court, pay into court, or give security for
expenses. payment of, such a sum of 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 expenses to be 123. The sum so paid into court, or so secured, shall at least be paid or
paid before he gives tendered to the person summoned at the time when he is called on to
evidence. give his evidence, if he demands the same.
Court may order 124 . If it appears to the court or to such officer as it appoints in this behalf that
a sufficient sum the sum paid into court is not sufficient to cover such expenses, the court may
to be paid. direct such further sum to be 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
detention. day, the 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 specify 126.
time, place, and
purpose of (1) Every summons for the attendance of a person to give
attendance. evidence or produce a document shall specify the time and
 place at which he is required to attend and also whether his
attendance is required for the purpose of giving 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
produce summoned to give evidence; and any person summoned merely to produce a
document. document shall be deemed 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 may be 128 . Any person present in court may be required by the court to
required to produce a give evidence, or to produce any document then and there in his
document. actual possession or power.
Service of 129 . Every summons to a person to give evidence or produce a document shall be
summons. served 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 afford 130 . The service shall in all cases be made a sufficient time before the
reasonable time for time specified in the summons for the attendance of the person summoned,
attendance. to allow him a reasonable time for preparation and for traveling to the
place at which his attendance is required.
131.

Procedure to (1) If the Fiscal returns to the court that the summons for the attendance of a
be followed person, either to give evidence or to produce a document, cannot be served, the
when court may take evidence touching the non-service. And upon being satisfied that
summons such evidence or production is material, and that the person for whose attendance
cannot be the summons has been issued is absconding, or keeping out of the way for the
served. 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, the
Witness how court may in its discretion, at the instance of the party on whose application the
dealt with. 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
sequestration may satisfies the court that he did not abscond or keep out of the way to avoid
be withdrawn. service of the summons, and that he 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
witness fails to he did not abscond or keep out of the way to avoid service of the summons, and
appear. that he had not notice 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
summon and the court at any time thinks it necessary to examine any person other than a
examine any party to the action, and not named as a witness by a party to the action, the
person as witness. court may, of its own motion, cause such 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 summoned must 135. Subject as last aforesaid, whoever is summoned to appear and give
attend at time and place evidence in an action must attend at the time and place named in the
named in the summons. summons for that purpose, and whoever is summoned to produce a
document must either attend to produce it, or cause it to be produced, at
such time and place.
When witness may 136. No person so summoned and attending shall depart unless and until-
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.
137.

Witness may
(1) If any person on whom a summons to give evidence or produce a document
be arrested for
has been served fails to comply with the summons, or if any person so
non-
summoned and attending departs in contravention of section 136, the court may
compliance
order him to be arrested and brought before the court:
with summons.
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 a
without awful lawful excuse for not complying with the summons, he shall be deemed to be
excuse deemed guilty of the offence of contempt of court, and punishable therefor.
to be contempt
of court.
Court may 138. If any person so apprehended and brought before the court cannot, owing to
release arrested the absence of the parties or any of them give the evidence or produce the
witness on document which he has been summoned to give or produce, the court may
bail. 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
witness of the way, so that he cannot be apprehended and brought before the court, the
absconds. 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
decree against party excuse, when required by the court, to give evidence, or to produce any
refusing to give document then and there in his actual possession or power, the court may in
evidence. its discretion either pass a decree against him, 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 witnesses to 141.
apply to a party
summoned to give (1) Whenever any party to an action is required to give
evidence. evidence or produce a document, the rules as to witnesses
contained in this Ordinance shall apply to him, so far as they
are applicable.
(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
arrest of purpose of being examined in a case is privileged from arrest in a civil action or
witness. special proceeding while going to, remaining at, and returning from the place
where he is required to attend.
CHAPTER XVIII
OF ADJOURNMENTS
Adjournments.143.

Amendment
of section
(1) The court may, if sufficient cause be shown at any stage of the
143 of the
action, grant time to the parties or to any of them, and may from time
principal
to time adjourn the hearing of the action:
enactment
[10,79 of 1988]

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 of a 144. If on any day to which the hearing of the action is adjourned, the
party on the parties or any of them fail to appear, the court may proceed to dispose of
adjourned day. the action in one of the modes 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
carry out purpose of produce his evidence, or to cause the attendance of his witnesses, or to
adjournment. perform any other act necessary 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 146.
of 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 147. When issues both of law and of fact arise in the same action, and the court is of
issues of opinion that the case may be disposed of on the issues of law only, it shall try those
law first 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 148. If the court is of opinion that the issues cannot be correctly framed without
for evidence. the 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
Issues. frame additional issues on such terms as it thinks fit.
Party having right to 150. The party having the right to begin shall state his case, giving the
begin to state his substance of the facts which he proposes to establish by his evidence.
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,
to begin to produce the same party shall produce his evidence, calling his witnesses and by
his evidence. questions eliciting from each of them the relevant and material facts to which
such witness can speak of his own observation.
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
examination. cross-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- 153. Then shall follow re-examination by the first side if required, for the purpose
examination. 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
evidence. (1) Every document or writing which a party intends to use as
evidence against 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
other actions entire body of proceedings and papers of another action
not to be indiscriminately. Each of the constituent documents, pleadings, or
admitted in processes of the former action, which may be required in the
bulk. pending action, must be dealt with separately as above directed.
Documents (3) The document or writing being admitted in evidence, the court,
admitted to after marking it with a distinguishing mark or letter by which it
be read should, when necessary, be ever after referred to throughout the trial,
aloud in shall cause it, or so much of it as the parties may desire, to be read
court. 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 followed 155. Before a witness is allowed to, in any way, identify a
before witness is asked to document, he should generally be made, by proper questioning, to
identify document. state the grounds of his knowledge with regard to it.
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
examination as to seeking to prove the document; and the opposing party, if he desires to do so,
knowledge. should be allowed to 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
witness thus be able to witness thus tested recognize or identify writing, always to take care
tested. that his capacity to do 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
his competency. the witness 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 of 160. In the case of an illiterate person, who cannot read, it must also be
an illiterate person. proved that at the time when his name was written on, or his mark put to, the
document, he understood the 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 documents 161. When the document purports on the face of it to be so old that proof of
whose execution the actual execution is not required by law, it is not proved until sufficient
need not be proved. evidence has been given to prove both that it comes into court from the
proper custody, and that it has continued to be in proper custody throughout
the period during which it can be reasonably accounted for.
Copy of 162 . When the document, the admission of which is objected to, is put forward as
absent the copy of an absent original, it is not proved until both such evidence as is
original how sufficient to prove the correctness of the copy, and also such evidence as would be
proved. 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 beginning 163. When the party beginning has stated his case and adduced
party's case the opposing party his evidence in accordance with the foregoing rules, then the
to state and prove his in like opposing party or parties (if there are more than one, who have
manner. Reply. When rebutting distinct cases) shall in person, or by registered attorney or
evidence is admissible. counsel, state his or their case or cases (and in the latter event in
succession), and when the case of each opposing party has been
so stated each such party shall adduce in order his evidence,
oral and documentary, and the same shall be received and dealt
with precisely as in the case of the party beginning, who shall
then be entitled to reply. But where there are several issues, the
burden of proving some of which lies on the other party or
parties, the party beginning 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
question witness by the respective parties or during such examination, put and interpose
witness at any such questions as it may consider conducive to the attainment of truth and justice.
time. 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 165 . The court may also in its discretion recall any witness, whose testimony has
recall been taken, for further examination or cross-examination, whenever in the course
Witness. of the trial it thinks it necessary for the ends of justice to do so.
When may court permit 166. The court may for grave cause, to be recorded by it at the time,
departure from above Rules permit a departure from the course of trial prescribed in the
foregoing rules.
Evidence of witness to 167. The evidence of the witnesses shall be given orally, as above
be given orally in open prescribed, in open court in the presence and under the personal
court. direction and superintendence of the Judge.
Witness to be 168 . Witnesses professing to be Christians or Jews, who have discretion to
examined on oath, understand the nature of an oath, shall be examined upon oath, unless they
or affirmation. state that, according to their 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,
witness how or in his presence and hearing and under his personal direction and
taken down. superintendence. The evidence shall be taken down ordinarily in the form of a
[30,20 of 1977] narrative.
Any particular 170 . The court may of its own motion or on the application of any party
question and answer take down or cause to be taken down any particular question and answer,
may be taken down. or any objection to any question, if there appear to the court any special
reason for so doing.
The objection to question 171. If any question put to a witness be objected to, and the court
which is allowed and the allows the same to be put, the Judge may in his discretion take
decision of court thereon down in writing the question, the answer, the objection, and the
may be taken down. name of the party making it, together with the decision of the court
thereon.
The objection to question 172. If on objection made the court refuses to allow the question to
disallowed and the decision be put, the Judge shall, on the request of the questioner, take down
of court thereon to be taken in writing the question, the objection, and the name of the party
down. making it, together with the decision of the court thereon.
Court may record remarks on 173. The court may record such remarks as it thinks material
demeanour of witness. respecting the demeanour of any witness while under examination.
Witnesses may 174. The witnesses on either side or on both or all sides shall, on motion of any
be kept out of of the parties, be kept out of court and of hearing, except the witness immediately
court. 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 called or 175.
document to be produced
unless included in list of (1) No witness shall be called on behalf of any party
witnesses or documents. unless such witness shall have been included in the list of
witnesses previously filed in court by such party as
provided by section 121:
Provided, however, that the court may in its discretion, if
special circumstances appear to it to render such a course
advisable in the interests of justice, permit 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
scandalous bearing on the questions before the court, unless they relate to facts in issue
questions. or to matters necessary to be known in 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
insulting questions. to insult or annoy, or which, though proper in itself, appears to the court
needlessly offensive in form.
Evidence de 178.
bene 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
affidavit or on particular factor facts may be proved by affidavit, or by depositions taken on
commission. commission, instead of by the 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 examine 180. In the event of an order having been made for the proof of facts
witness viva voce by affidavit, or by deposition taken on commission, the court may,
notwithstanding affidavit nevertheless, at the instance of either party order the attendance of
or commission. the declarant or deponent at the hearing of the action for viva voce
cross-examination, if he is in Sri Lanka and can be produced.
What statements 181 Affidavits shall be confined to the statement of such facts as the declarant
may affidavit is able of his own knowledge and observation to testify to, except on
contain. interlocutory applications in which statement of his belief may be admitted,
provided that reasonable grounds for such belief be set forth in the affidavit.
Petitions cannot be 182. A petition stating facts of observation and belief is not converted into
converted to an affidavit by the addition of a verifying clause, an affirmation or oath, to
affidavits. the effect that the statements in the 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
affidavits in lieu of under any other law for the time being in force, to make an affidavit, then-
the parties to the
action. (a) where the action is brought by or against the Attorney-
[12,79 of 1988]
General, any officer of the State, and
(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
willful false statement or otherwise, in the course of any of the proceedings aforesaid he may be
made under section punished as for a contempt of court, besides his liability to be tried and
183A. punished under the Penal Code for the offence of giving false evidence,
[12,79 of 1988]
where such statement is on oath or affirmation.
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 pronounce judgment 185 . A Judge may pronounce a judgment written by his
written by predecessor. predecessor, but not pronounced,
Judgment to be in writing and to 186 . The judgment shall be in writing and shall be dated and
be dated and signed in open court. signed by the Judge in open court at the time of pronouncing
[32,20 of 1977]
it.
Validation in certain 186A. Where a Judge pronounces a judgment written by his
circumstances of judgments predecessor but not pronounced as provided in section 185, such
pronounced by successors judgment shall, if such predecessor was a judicial officer within the
in office of Judges. meaning of Article 114(6) of the Constitution at the time such
[2,3 of 1960]
judgment was written, not be deemed to be invalid by reason only of
the fact that such predecessor had no jurisdiction to write such
judgment.
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, decrees
and orders. (1) The court may at any time, either on its own motion or on
that of any of the parties, correct any clerical or arithmetical
mistake in any judgment or order or 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
decree relating to thereby shall be described therein by the boundaries and in such other
immovable manner by reference to surveys or otherwise as may secure, as far as
property. possible, correctness of identification; and the description shall be in such
[33,20 of 1977]
form as to enable such decree to be registered under the Registration of
Documents Ordinance.
Requisites of decree 191. When the action is for movable property, if the decree be for the
relating to movable delivery of such property, it shall also state the amount of money to be
property. paid as an alternative, if delivery cannot be had.
At what rate 192.
may interest on
money be 1) When the action is for a sum of rate may interest on money due
decreed to the plaintiff, the court may, 192 of the in the decree order interest
[5,53 of 1980] according to the rate agreed on between the parties by the
[3,6 of 1990]
instrument sued on, or in the 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
decree specific the defendant is able to perform the contract, the court, with the consent of
performance. the plaintiff, may decree the 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
decree payment by mortgage of movable or immovable property, the court may order that the
instalments. amount decreed to be due shall be paid 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-off 195. If the defendant shall have been allowed to set off any demand
or claim in against the claim of the plaintiff, the decree shall state what amount is due
reconvention is to the plaintiff and what amount (if any) is due to the defendant, and the
allowed. mandatory part of the decree shall be for the recovery 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 claim in 196. When the action is for the recovery of the possession of immovable
respect of mesne property, yielding rent or other profit, the court may, whenever the prayer
profits from date of of the plaint asks for damages in respect of mesne profits or rent, provide
action is allowed. in the decree for the payment of money in lieu of mesne profits or rent in
[6,53 of 1980] respect of such property from the date of the institution of the action until
the delivery of possession to the party in whose favour the decree is made,
with interest 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 197 . When the action is for the recovery of possession of immovable property and
profits prior for mesne profits which have accrued thereon during a period prior to the
to date of institution of the action, the court may either determine the amount and make an
action. 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 198 . When the action is for an account of any property and for its due
order for administration under the decree of the court, the court, before making the final
accounts. 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 199. In the administration by the court of the property of any person who dies
by the court. after this 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
for preemption particular sale of property, and the court finds for the plaintiff, if the amount of
&c purchase money has not been 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 in 202 . When the action is for the dissolution of partnership, the court
action for dissolution of before making its decree may pass an order fixing the day on which the
partnership partnership shall stand dissolved, and directing such accounts to be
taken and other acts to be done as it thinks fit.
Suit for account 203. When the action is for an account of pecuniary transactions between
between principal and agent, and in all other actions not hereinbefore provided for, where
principal and it is necessary in order to ascertain the amount of money due to or from any
agent. 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
postponing the effect of postponing the further hearing and the final determination of the
hearing action, as for instance a 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 entitled 205. Upon being paid such fee as the court shall from time to time
to certified copies of determine, the Registrar of the court shall at all times furnish to any person
decree and applying for the same, and supplying the necessary stamp, copies of the
judgment. proceedings in any action, or any party thereof, or upon such 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 be 206. The decree or such certified copy thereof shall constitute the
primary evidence of sole primary evidence of the decision or order passed by the court.
decision-
Decrees must be decisive, 207. All decrees passed by the court shall, subject to appeal, when an
and must not direct non- appeal is allowed, be final between the parties; and no plaintiff shall
suit. hereafter be non-suited.
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,
have Power to whether of regular or of summary procedure, the court may, unless elsewhere in
give or reserve this Ordinance otherwise directed, give to either party, the costs of such
costs application or action, or may reserve the consideration of such costs for any
[5,14 of 1997]
future stage of the proceedings. The court may in its 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 by 210. The decree or order shall direct by whom, the costs of each party are
whom costs are be to be paid, and whether in whole or in what part or proportion. The court
paid and estimate shall, in decrees entered in such classes of action as are prescribed, give its
value in certain cases estimate of the value of the action, and such estimate shall be deemed to
[6,14 of 1997]
be the value of the action, for the purposes of applying the rates prescribed
for the purposes of section 214, to that action.
Court may 211 .
apportion
costs. (1) The court shall have full power to give and apportion costs of
[7,14 of 1997]
every 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 212. The court may direct that the costs of payable to one party by another shall be set
costs. 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 213. The court may give interest on costs at the legal rate per annum as specified
give interest in section 192 of the Ordinance, calculated from the date of the decree, and may
on costs. direct that costs, with or without interest, be paid out of, or charged upon, the
[7,53 of 1980]
subject matter of the action
[8,14 of 1997]

Costs to 214. All bills of costs, whether between party and parties, or between registered
be attorney and client, shall be taxed by the Registrar of the court in either case according
taxed. to such rates as may be prescribed. If either party is dissatisfied with this taxation, the
[9,14 of
1997]
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 costs215 . No registered attorney shall commence or maintain any action for the
by registered recovery of any fees, charges, or disbursements at law until the expiration of one
attorney. month or more after he 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 attorney to bear 216 . If more than one-sixth of the amount of any bill of costs is
costs of taxation in what disallowed by the taxing officer, the registered attorney shall bear
case. the expense of taxation.
CHAPTER XXII
OF EXECUTIONS
Classification 217. A decree or order of court may command the person against whom it
of decrees. operates-

(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 to seize218. When the decree falls under head (A) and is unsatisfied, the
and sell debtor's property judgment-creditor has the power to seize, and to sell or realize in
in satisfaction decree for money by the hands of the Fiscal, except as hereinafter mentioned, all
payment of money. saleable property, movable or immovable, belonging to the judgment-
debtor, or over which or the profits of which the judgment-debtor has a
disposing power, which he may exercise for his own benefit, and
whether the same be held by or in the name of the judgment-debtor or
by another person in trust for him or on his behalf; Provided that the
following shall not be liable to such seizure or sale, namely-

Excepted (a) the necessary wearing apparel, beds, and bedding of the
property. judgment- 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 as
to debts owing to (1) The party entitled to enforce any decree for the recovery or
him. payment money may apply to the court for an order that the
debtor (or, in the case of a 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 not to 220. It shall not be necessary to support any such application by
be supported by affidavits of the applicant's belief that any debts are owing to the debtor,
affidavit or that he has any other property or means of satisfying the decree.
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 decree 222 .
against legal
representative of a (1) If the decree is against a party as the legal representative
deceased person. of a deceased person, and is for money to be paid out of the
property of the deceased, it may be executed by the
attachment and sale of any such property in the hands or
under the control of the party against whom the decree is
made.
(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 to be 223. For the purpose of effecting the required seizure and sale in any case
effected under order the Fiscal must be put in motion by application for execution of decree to
of court. the court which made the decree sought to be enforced.
Application 224. The application for execution of the decree shall be in writing, signed by the
therefor. applicant 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 itself as to 225.
conformity c application.
When application should (1) Upon the application for execution of the decree being
be refused by the court. made, the court shall satisfy itself by reference, if
necessary, to the record of the action in which the decree or
order sought to be executed was passed, that the
application is substantially in conformity with the
foregoing directions, and that the applicant is entitled to
obtain execution of the decree or order which is the 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,
execution. it shall direct a writ of execution to issue to the Fiscal in
the form No. 43 in the First Schedule.
Duties of 226.
Fiscal 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 movable 227. If the property sought to be seized and sold, or otherwise
property in possession of realized in satisfaction of the decree to be executed is movable
debtor to be manual. property in the possession of the judgment-debtor, other than the
Disposal of property seized property mentioned in the first proviso to section 218, the seizure
until sale. shall be manual. 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. 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 of 228. If the property is a negotiable instrument not deposited in a court, nor
negotiable in the custody of a public officer, the instrument shall be seized and
instrument. brought into court and held subject to the further orders of the court.
Seizure of debts, shares, and movable 229. In the case of-
property not in possession of debtor and
not deposited in court to be by written (i) a debt not secured by a negotiable
notice of prohibition- instrument,
(ii) a share in the capital of any public
company or corporation,
(iii) other movable property not in the
possession of the judgment-debtor, except
property deposited in, or in the custody of, any
court, or in the custody of a public officer,
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
summoned, or execution (1) A debtor prohibited under clause (a) of last preceding
may issue against him. section may, upon the application of the judgment-creditor,
be summoned by the court to show cause, on a day fixed in
the summons, why he should not pay to the 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 to 231. Payment made by, or execution levied upon, such debtor in manner
be discharge as him to be a provided in the last preceding section shall against be a valid
against judgment- discharge to him as against the judgment-debtor to the amount paid or
debtor. levied, although such proceeding may be set aside or the judgment in
respect of which any payment or levy is made may be reversed.
Seizure of property 232.
deposited in any
court. Question of (1) If the property is deposited in, or in the custody of, any court
priority. or public officer, the seizure shall be made by a notice to such
court or officer, requesting that such property and any interest or
dividend becoming payable 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 233 . The notice necessary to effect seizure under section 229 and 232 may be signed
Fiscal. and served by the Fiscal under the authority of the writ of execution alone.
Seizure of a money 234.
decree in favour of
judgment-debtor. (1) If the property is a decree for money passed in favour of the
judgment- debtor by the court which passed the decree sought to
be executed, the 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 235. In the case of all other decrees the seizure shall be made by an order of the
any other court which passed the decree sought to be executed to the holder of the decree
decrees. 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 debtor 236. When a seizure of any negotiable instrument, debt, share,
subsequent to seizure voidmoney, decree or any other movable property has been effected and
as against claims made known in manner hereinbefore provided, any private alienation
enforceable under seizure, of the property seized, whether by sale, gift, mortgage, or otherwise,
and any payment of the debt or dividend or delivery of the share to the
judgment-debtor during the continuance of the seizure, shall be void
as against all claims enforceable under the seizure.
Seizure of 237 .
immovable by
written notice of (1) If the property is immovable, the seizure shall be made by a
prohibition. notice signed by the Fiscal prohibiting the judgment- debtor from
transferring or charging the property in any way, and all persons
from receiving the same from him by purchase, gift, or
otherwise.
Publication (2) The notice shall specify the parties to the action, the
of such judgment-debtor, the dates of judgment and seizure, and the
notice . 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 publication 238. When a seizure of immovable property is effected under a writ of
of seizure and execution and made known as provided by section 237 and notice of the
registration of notice seizure is registered before the 1st day of January, 1928, in the book
of seizure. formerly kept under section 237 or is registered on or after the 1st day of
January, 1928, under the Registration of Documents Ordinance, any sale,
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
must be ordered to from the seizure of any property is paid into court, or if satisfaction of the
be withdrawn. decree is otherwise made 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 240 . As soon as any property shall be seized by the Fiscal, Deputy Fiscal, or other
made of officer, a list of such property shall forthwith be made and signed by himself or the
property person seizing the same, and shall be given to the judgment-debtor and to any
seized. 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
seized to be reported by against the seizure or sale of, any immovable or movable property which
Fiscal and investigated may have been seized in execution of a decree or under any order passed
by court. before decree, as not liable to be sold, the Fiscal or Deputy Fiscal shall,
as soon as the same is preferred or offered, as the case may be, report 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
at earliest the property to which the claim or objection applies shall have been advertised
opportunity for sale, the sale may (if it 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
adduce evidence. show that at the date of the seizure he had some interest in, or was possessed
of, the property seized.
Discretion of 244. If upon the said investigation the court is satisfied that, for the reason
court to release stated in the claim or objection such property was not, when seized, in the
the property possession of the judgment-debtor, or of some person in trust for him or in the
claimed. 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 245. If the court is satisfied that the property was, at the time it was seized, in
court disallow possession of the judgment-debtor as his own property, and not on account of any
the claim. 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 continue 246. If the court is satisfied that the property is subject to a mortgage or
seizure subject to lien in favour of some person not in possession, seizure subject and thinks
mortgage or lien. fit to continue the sequestration or seizure, it may do so subject to such
mortgage or lien.
Action by 247. The party against whom an order under section 244, 245, or 246 is passed
party may institute an action within fourteen days from the date of such order to establish
claiming the right which he claims to the property in dispute, or to have the said property
right. 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 well as 248. Whenever it shall appear to a competent court, and be so found and
damages may be declared in any judgment pronounced by it in any action instituted by or
awarded for against any person claiming any property pointed out or seized in
groundless claim. execution, that such claim is altogether groundless, and wilfully preferred
only to defeat or delay the execution, every such claimant shall, in
addition 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 partnership 249. When a Fiscal has seized property of a partnership before or after
property for debt of its dissolution, upon a writ of execution against the interest therein of
partner, other partner any partner made by virtue of ah execution against his individual
may apply for release. property, any other partner or former partner having an interest in the
property may, at any time before the sale, apply to the court from
which the writ of execution issued, upon an affidavit showing the facts,
for an order directing the Fiscal to release the property and to deliver it
to the applicant.
Undertaking to 250. Upon such an application the applicant must give an undertaking, with at
be given by least two sureties, approved by the Judge, to the effect that he will account to
applicant. 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
whose benefit it. prescribed 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
judgment- debtor the judgment-debtor therein may be sold by the Fiscal, and the purchaser
may be sold. upon the sale acquires all that 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
notes to seized how with it in the manner hereinafter directed in respect of money received by
dealt with. the Fiscal on the sale of property sold at the execution sale.
How may 254. When the property seized is a decree of court the judgment-creditor at
decree of court, whose instance the seizure is made shall be deemed the assignee thereof under
seized be assignment as of the date of the seizure, made by the person against whom he is
realized. 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 255. In the case of all other property seized by the Fiscal he shall proceed to
case of other the sale thereof in the manner following :-
property sized by
fiscal. Notice of I.-In all cases of movable property the Fiscal or Deputy Fiscal
sale : I. - shall cause notice of sale thereof to be given by beat of tom-tom or
For movablein such other manner as to secure publicity thereto, both at the
property. place of sale and also where the 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
immovable be given as is hereinbefore required in sales of movable property,
property. and the Fiscal, Deputy Fiscal, or other officer shall also cause to
[36,20 of 1977] be made three copies of the notice 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 where 256. Whenever the property seized under one writ shall exceed the
property exceeds five value of five thousand rupees, the Fiscal, Deputy Fiscal or other officer
thousand rupees in shall, in addition to the notice hereinbefore required, advertise the sale
value. thereof, enumerating briefly the goods for sale, the nature and situation
[37,20 of 1977]
of the land, and the time and place of the sale, in a local daily newspaper
or in such other manner as the court may direct having regard to the
value of the property and other 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
the sale. duly 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
postpone sale.
 (1) If at any time prior to the sale of immovable property seized in
execution 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
purchaser. to be the 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 261. Where the price exceeds one hundred rupees the balance amount of the purchase
in full. 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
payment, section, the deposit, after defraying the expenses of the sale, shall be forfeited
consequence of. to, and shall go in 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 263. Every resale of immovable property in default of payment of the purchase
notification on money within the period allowed for such payment shall be made after the issue
resale. of a fresh notification in the manner and for the period hereinbefore prescribed
for the sale.
Bid by a 264 . When the property sold in execution of a decree is a share of undivided
co-sharer. immovable 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
himself as to under this Chapter may, before accepting any bid at such sale, satisfy himself as
bona fides of to the bona fides of the bidder, and his ability to pay down the amount of
bidder, 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 resale 266. The second sale, taking place in consequence of such non-payment of
to be purchaser on balance of purchase money, shall be made in the manner hereinbefore
Fiscal's certificates. prescribed for the first sale, and if the amount of the purchase money for
 which the property is sold at such second sale shall fall short of the amount
for which the first sale was concluded, then the first purchaser and 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 not making 267. If at the sale of immovable property the highest bidder on
deposit, next highest may be being declared the purchaser shall not forthwith pay down the
declared purchaser; difference amount of deposit required, and give good and sufficient
to be paid by highest bidder on security to the satisfaction of the Fiscal, Deputy Fiscal, or other
Fiscal's certificate. officer for the payment of the residue, the next highest bidder
may be thereupon declared the purchaser, and required to make
such deposit and security as aforesaid ; and in the same manner
the other bidders in rotation ; and each person failing to make
such deposit and to give security as aforesaid may be held liable
to pay the difference between the amount of his offer and the
sum finally settled at the sale, and the Fiscal, on non-payment
thereof by such persons respectively within one week after
demand made by him upon them in writing, shall certify 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 268. If the price for which the property is finally sold at the second or any
of deposit. subsequent sale 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
realized to augment deposit and give the security required by section 267 and the sum finally
the purchase settled at any such sale and between the amount of the final sale and those of
money. previous sales shall, when realized, be paid by the Fiscal into the
Government Agent's office in augmentation of the purchase money of the
final sale.
The amount certified by Fiscal 270. The amount certified by the Fiscal to be payable to him for
to be recovered as by half fees under the provisions of section 258 and the amounts of
execution of decree. Cost of the differences certified by the Fiscal and directed to be reported
notice, publication, or to the court by sections 266 and 267 shall, in the case of such half
proclamation. fees at the instance of the Fiscal and in the case of such
differences respectively at the instance either of the Fiscal, or of
the judgment-creditor, or of the judgment-debtor, be recoverable
from the persons declared in those sections to be liable to pay the
same, in the 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
conducting sale to this Chapter shall either by himself or another bid for, acquire, or attempt to
bid acquire any interest in any property sold at such sale.
Holder of 272.
decree may be
or purchase. (1) A holder of a decree in execution of which property is sold may,
with the 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
(2) When a decree-holder purchases, the purchase money and the
purchase
amount due on the decree may, if the court thinks fit, be set off
money may
against one another, and the court in execution of whose decree the
be set off
sale is made may enter up satisfaction of the decree in whole or in
against
part accordingly.
decree.
Place of sale of 273. In all cases the sale of immovable property shall be conducted on the
immovable spot, unless the court shall otherwise direct, or unless on application in writing
property. to the Fiscal or his deputy the parties shall consent to its being conducted
elsewhere.
(2) Of Sales of Movable Property
Sale of a negotiable 274. If the property to be sold is a negotiable instrument or a share in
instrument or a share in any public company or corporation, the court may direct the Fiscal,
any public company . instead of selling it by public auction, to make the sale of such
instrument or share through a broker at the market rate of the day.
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 276. No irregularity in publishing or conducting the sale of movable property shall
vitiate sale. vitiate the 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
purchaser. property of which 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-
third party is in debtor is entitled, subject to a right of possession of some other person, the
possession. delivery thereof to the 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
unsecured debt is a share in any public company or corporation, the assignment thereof shall be
or share. made by a certificate 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 instrument
or share certificate. (1) If the endorsement or conveyance of the party in whose
name a negotiable instrument or a share in any public company
or corporation is standing is 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,
movable property the court may make an order and execute such document as may be
court may make necessary vesting such property in the purchaser, or as he may direct; and
vesting order. such property shall vest accordingly.
(3) Of Sales of Immovable Property
Sale not absolute 282 .
until after thirty days
and confirmation by (1) The Fiscal shall report to the court every sale of immovable
court. property made by him or under his direction within ten days
after the same shall have been made. And no sale of
immovable property; shall become absolute until thirty 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
set aside forproperty has been sold under this Chapter, or any person
material establishing to the satisfaction of the court an interest in such
irregularity. property, may apply by petition to the court to set 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 283 .
confirming
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
aside the
court shall pass an order setting aside the sale.
sale.
When purchaser 284. The purchaser at any such sale may apply to the court by petition on
may apply to set summary procedure to set aside the sale, on the ground that the person whose
aside sale. property purported to 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
purchase money. (1) When a sale of immovable property is set aside under sections
282, 283, 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
purchaser. Conveyance have paid the full amount of the purchase money according to the
to contain sufficient map conditions of sale, and shall have supplied the Fiscal or Deputy Fiscal
of the premises. with stamps of the proper amount required by law for the conveyance
of the land sold to him (which stamps he shall be bound to supply when
he pays the purchase money in full), and if the sale was not effected in
execution of a decree 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
possession to (1) When the property sold is in the occupancy of the judgment-
purchaser. debtor or of some person on his behalf, or of some person
claiming under a title created 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 (2) An order for delivery of possession made under this section
to be may be enforced as an order falling under head (C) section 217,
enforced. the purchaser being considered as judgment-creditor.
Mode of delivery 288. When the property sold is in the occupancy of a tenant or other
where property is in person entitled to occupy the same, and a conveyance in respect thereof
occupancy of person has been made to the purchaser under section 286, the court shall order
entitled to occupy. delivery thereof to be made by affixing a notice of the sale having taken
place, 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 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 judgment- 289. The right and title of the judgment- debtor or of any person
debtor not divested by sale holding under him or deriving title through him to immovable
till confirmation and property sold by virtue of an execution is not divested by the sale
execution of Fiscal's until the confirmation of the sale by the court and the execution of
conveyance. the Fiscal's conveyance, But if the sale is confirmed by the court
and the conveyance is executed in pursuance of the sale, the
grantee in the conveyance is deemed to have been vested with the
legal estate from the time of the sale.
Fiscal may 290 . The Fiscal, on the day of the sale. or at any time thereafter until the
enter confirmation of the sale by the court and the execution of the Fiscal's conveyance
property may at his discretion, and if provided with the necessary funds therefor by the
sold. 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 possession 291. The person in possession of immovable property sold by virtue of
may use and enjoy until an execution may, until the confirmation of the sale by the court and the
confirmation of sale. execution of the Fiscal's conveyance, use and enjoy the same as
follows, without being chargeable with committing waste;-

(1) He may use it and enjoy it in like manner and for the
like purposes as it 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 and 292. On the sate being confirmed by the court and the conveyance
execution of conveyance, executed in pursuance of the sale, the Fiscal or person in possession of
Fiscal to deliver the immovable property sold shall forthwith give possession of the
possession to grantee. same, together with all the crops and produce (if any) collected,
gathered, harvested, and stored subsequent to the sale, to the grantee in
the conveyance ; and if the sale is not confirmed, the Fiscal or his
agent shall forthwith, if in possession, restore 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
may be restrained judgment- debtor, or any other person in possession of the property sold,
from waste. commits, or threatens to commit, or 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
committing violation thereof after the service upon him of the order, the court, upon proof
waste. 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
disobeying the person required to show cause has violated the former order, the court may
order. 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 to 296. Whenever any person, whether acting for himself or as an
court by attorneys-at- attorney-at-law for any other person, has occasion to pay any sum of
attorneys-at- law and money into any court to the credit of any case, he shall deposit such
other persons. sum of money to the credit of such case in the appropriate bank
[39,20 of 1977]
account.
Mode of 297.
payment to
court by (1) Whenever the Fiscal receives or realizes a sum of money in the
Fiscal course of the execution of a decree or otherwise, he shall issue a
[39,20 of 1977]
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 for 298 .
arrest of debtor
execution of decree (1) Where, after the issue of a writ for the execution of a decree
for money. for the payment of money, the court is satisfied on the
application of the judgment-creditor, after such inquiry as the
court may deem necessary, that the 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
debtor as section 298, issue a notice on the judgment-debtor calling upon him to show
alternative to cause, on a date to be specified in the notice, why he should not be
warrant. committed to jail in execution of the decree referred to in that section.
Application for warrant to 300. Every application under section 298 shall be made by petition
be made by petition and supported by affidavit; and it shall not be necessary to name the
affidavit. judgment-debtor as respondent to any such application.
No arrest for 301 . No warrant under section 298 or notice under section 299 shall be issued in
sum under Rs. decree inclusive of interest, if any, up to the date of the decree but exclusive of
1,500. any further interest and of costs, is less than one thousand five hundred rupees.
[40,20 of 1977]

Woman not liable 302 . No warrant under section 298 or notice under section 299 shall be
to arrest in issued where the judgment-debtor is a woman; and no woman shall be
execution. arrested or committed to jail in execution of any decree for the payment of
money or of costs.
Warrant to issue where 303. Where a judgment-debtor to whom a notice under section 299 has
debtor fails appear on been issued fails to appear on the day specified in the debtor fails notice,
notice. the court may issue a warrant for his arrest.
Execution of 304. Subject to the provisions of Chapter XXIII, a judgment-debtor for whose
warrant of arrest a warrant has been issued under section 298 or section 303 may be arrested
arrest. 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 arrest to 305. Where a judgment-debtor who has been arrested on a warrant
release debtor on payment of pays the amount of the decree in execution of which he is arrested,
amount of decree and costs and the costs of the arrest, to the officer arresting him, such officer
of arrest. shall at once release him from custody.
Discharge of debtor where 306. Where a judgment-debtor is brought before the court after
amount of decree and costs of arrest on a warrant or appears in court in pursuance of a notice
arrest paid into court. issued under section 299, and either-

(a) pays into court the amount of the decree and, if

he has been brought before the court under a warrant,
the costs of the arrest, or
(b) gives security for the payment of the same to the
satisfaction of the 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 no cause to show 307. Where the judgment-debtor, on being called upon to
to be discharged or committed to show cause under section 306, has no cause to show, the court
Jail. shall commit him to jail.
Debtor who has cause to 308. Where the Judgment-debtor, on being called upon to show cause
show to be discharged or under section 306, proves to the satisfaction of the court-
committed to Jail after
inquiry. (a) that any material allegation of fact, made in the affidavit
of the judgment-creditor or given in evidence before the
court prior to the issue of the warrant 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 to 309. Where a judgment-debtor contends that any material allegation of
be filed by debtor fact, made in the affidavit of the judgment-creditor or given in evidence
who desires to show before the court prior to the issue of the warrant or notice, is untrue or
cause. incorrect, he shall file in court a written statement specifying which of the
allegations in such affidavit or in such evidence is impugned as untrue or
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 committed 310.
to jail or to give security
for appearance pending (1) Where the judgment-debtor desires to show cause why
inquiry. he should not be committed to jail, the court may appoint a
date for an inquiry and may, pending such inquiry, order the
judgment-debtor to be detained in prison or 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 of 311. Where a judgment-debtor is committed to Jail, the court shall issue
committal to jail. a warrant substantially in the form No. 61 m the First Schedule.
Debtor discharged 312. Where a judgment-debtor has been released after arrest on a warrant
under section 306 or or discharged from a notice under section 306 or section 308, no further
section 308 not to be proceedings shall be taken as hereinbefore provided with a view to the
rearrested. committal to jail of that judgment-debtor in execution 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
subsistence money to and until the decree-holder pays into court such sum as the Judge thinks
be deposited before sufficient for the subsistence of the judgment-debtor from the time of his
arrest. arrest until he can be brought before the court, and, where the writ is to be
executed in another district, such further sum as the Judge thinks sufficient
to cover the expenses of his transport to the court issuing the writ.
Subsistence allowance 314 . And when a judgment-debtor is committed to jail in execution
during imprisonment to be of a decree, the court shall fix for his subsistence such monthly
fixed on commitment. allowance as he may be entitled to at rates to be fixed by order of
Government from time to time, as occasion shall require,
Allowance to be 315.
paid monthly in
advance. (1) The monthly allowance fixed by the court shall be supplied
to the Fiscal by 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
additional (1) Where a judgment-debtor who has been committed to jail is,
payments. with the approval of the Commissioner of Prisons, either given
any special diet on 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 decree holder 316. Sums of money disbursed by the decree-holder under
to be deemed costs. section 315 or section 315A shall be deemed to be costs in the
action:
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 entitled 317.
to be discharged
from jail. (1) The judgment-debtor shall be discharged from jail-

(a) on the decree being fully satisfied ; or

(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
imprisonment. period than six months.
Endorsement on 319. The Fiscal shall endorse upon the warrant of arrest the day on and the
the warrant. manner in 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 execution 320. If the decree is for any specific movable or for any share in a
of decree for delivery of specific movable, application to the court for execution of the decree
movable properly, how to by seizure and delivery may be made by the judgment- creditor in
be made. Form of writ. the manner and according to the rules prescribed for execution of
decrees under head (A) so far as the same are applicable; and if the
court on such application is satisfied that the judgment- creditor is
entitled to obtain execution of the decree, it shall direct a writ of
execution to issue to the Fiscal in the form No. 62 in the First
Schedule.
Fiscal to 321.
procure
delivery (1) Upon receiving the writ the Fiscal or his officer shall as soon as
thereunder. reasonably 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 (2) If the judgment-debtor fails to comply with the Fiscal's demand,
on default. and if the 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
leveled and seizure and sale issuing under the preceding section shall be the amount of
manner of pecuniary loss as nearly as the court can estimate it, which is occasioned to the
execution. Judgment-creditor by reason of the 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 execution of323 . If the decree or order is for the recovery of possession of
decree for delivery of immovable property or any share thereof by the judgment-creditor,
immovable property, how or if it directs the judgment-debtor to yield or deliver up possession
to be made. Form of writ. thereof to the judgment-creditor, application to the court for
execution of the decree may be made by the judgment-creditor in the
manner, and according to the rules, prescribed for execution of
decrees under head (A), so far as the same are applicable; and if the
court on such application is satisfied that the judgment-creditor is
entitled to obtain 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
thereunder. (1) Upon receiving the writ the Fiscal or his officer shall as soon as
reasonably 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 event of 325.
resistance to
execution of writ or (1) Where in the execution of a decree for the possession of
delivery of property. movable or immovable property the Fiscal is resisted or
[41,20 of 1977]
obstructed by the judgment-debtor or any other person, or
where after the officer has delivered possession, the judgment-
creditor is hindered or ousted by the judgment-debtor or any
other person in taking complete and effectual possession
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
obstructing. (1) On the hearing of the matter of the petition and the claim made,
[10,53 of 1980]
if any, the court, if satisfied-

(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 1988] (b) that the resistance, obstruction, hindrance or ouster
 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 made by 327. Where the resistance , obstruction , hindrance or ouster is found
bona fide claimant in by court to have been occasioned by any person other than the
possession, court to judgment-debtor, claiming in good faith to be in possession of the
dismiss the petition. whole of such property on his own account or on account of some
[41,20 of 1977]
person other than the judgment-debtor by virtue of any right or interest,
[15,79 of 1988]
or where the claim notified is found by the court to have been made by
a person claiming to be in possession of the whole of such property on
his own account or on account of some person other than the judgment-
debtor, by virtue of any right or interest, the court shall making order
dismissing the petition, if 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
established only to a shall be competent for the court in any order made under the preceding
share of the property. sections, to direct that the judgment-creditor be put into, or restored, to,
[16,79 of 1988]
possession of the share of the property to which no claim has been
established.
Court shall investigate 328. Where any person other than the judgment-debtor or a person in
dispute if bona fide occupation under him is dispossessed of any property in execution of
claimant be dispossessed a decree, he may, within fifteen days of such dispossession, apply to
in effecting the execution. the court by petition in which the judgment-creditor shall be named
[41,20 of 1977]
respondent complaining of such dispossession. The court shall
[17,79 of 1988]
thereupon serve a copy of such petition on such respondent and
require such respondent to file objections, if any, within fifteen days
of the service of the petition on him. Upon such objections being filed
or after the expiry of the date on which such objections were directed
to be filed, the court shall, after notice to all parties concerned, hold
an inquiry. Where the court is satisfied that 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 made 329. No appeal shall lie from any order made under section 326 or
under section 326 or section 327 or section 328 against any party other than the judgment-
section 327 or section debtor. Any such order shall not bar the right of such party to institute an
328. action to establish his right or title to such property.
How subsequent 330. Any subsequent resistance or obstruction to the execution of the writ
obstruction to be dealt or hindrance to the possession or ouster of the judgment-creditor within a
with. year and a day of the delivery of 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
enforcement of decree for endorsement of a negotiable instrument, and the judgment- debtor
execution of any neglects or refuses to comply with the decree, the decree-holder may
conveyance, how to be prepare the draft of a conveyance or endorsement in accordance with
made. the terms of the decree, and apply to the court by petition, not naming
a respondent, to have the said draft served on the judgment-debtor.
Service of the draft 332 .
conveyance on
judgment-debtor. (1) The court shall thereupon cause the draft and a copy of the
Objections to draft. petition to be served on the judgment-debtor in manner
hereinbefore provided for serving a summons, together with a
notice in writing stating that his objections, if any, 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
conveyance by instrument by the court under the last preceding section may be in the
the court. following form: "C. D., Judge of 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 conveyance m section 333A. In sections 331, 332, and 333 the expression
331 332, and 333.' conveyance " includes " contract or other document".
(E) & (F) MANDATORY AND RESTRAINING DECREES
Application for enforcement 334. When a decree or order falling under either of the heads (E)
of decrees, how to be made. or (F) has been passed, and the judgment-debtor has had an
Court may issue writ of opportunity of obeying the decree or order, but has wilfully failed
execution by seizure and to obey it, application to the court for execution or enforcement of
sale. the decree or order may be made by the judgment-creditor by
petition to which the judgment-debtor shall be made respondent;
and which shall set out the damage, if any, caused to the judgment-
creditor by the disobedience of the judgment-debtor to the decree
or order. And if the court 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 335 . The amount of money directed to be levied on the writ of execution issuing
be levied under the preceding section shall be the amount of pecuniary loss, if any, as nearly
under writ. 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
to issue execution. time against the person and property of the judgment-debtor in cases when the
judgment-creditor is entitled to apply for both simultaneously.
When subsequent 337 .
application may be
made for execution of (1) No application (whether it be the first or a subsequent
decree partly sat is tied- application) to execute a decree, not being a decree granting
[12,53 of 1980]
an injunction, shall be granted after the expiration of ten
years from -

(a) the date of the decree sought to be executed or

of the decree, if any, on appeal affirming the same;
or
 (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 of 338.
several decree-holders
for execution of the (1) If a decree has been passed jointly in favour of more
decree for the benefit of persons than one, any one or more of such persons, or his or
all. their legal representatives, may apply for the execution of
the whole decree for the benefit of them all, or, where any
of them has died, for the benefit of the survivors and those
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 " legal representative" means an executor or
1993]
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:
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 decree for
execution thereof, how (1) If a decree is transferred by assignment in writing or by
to be made. operation of law from the decree-holder to any other person,
the transferee may apply for its execution by petition, to
which all the parties to the action or their 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
by equities. (if any) which the judgment-debtor might have enforced against the original
decree-holder.
Legal representative 341.
of deceased debtor,
how made liable. (1) If the judgment-debtor dies before the decree has been fully
executed, the holder of the decree may apply to the court which
passed it, by petition, to 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 extent (2) Such representative shall be liable only to the extent of the
of liability. property of the 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 adjourn sale-342. The Fiscal may in his discretion adjourn a 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 proceedings 343.
adjournment of sale
by court. (1) The court may for sufficient cause stay execution
proceedings at stage thereof, and make order for adjournment
of a sale.
(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 arising in 344. All questions arising between the parties to the action in
execution to be determined which the decree was passed, or their legal representatives, and
by order of court and not by relating to the execution of the decree, shall be determined by order
separate action. of the court executing the decree, and not by separate action.
Procedure where 345.
there are cross
decrees between the (1) If cross decrees between the same parties for the payment of
parties. money be produced to the court, execution shall be taken out
only by the party who 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
different amounts (1) When two parties are entitled under the same decree to
under same decree. recover from each other sums of different amounts, the party
entitled to the smaller sum shall not take out execution against
the other party; but satisfaction for the smaller sum 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 one 347 . In cases where there is no respondent named in the petition of
year hat. elapsed application for execution, if more than one year has elapsed between the
from date of decree. date of the decree and the application for its execution, the court shall
cause the petition to be served on the Judgment-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 348 . Whenever a person has before the passing of a decree in an original action
against become liable as surety for the performance of the same or of any part thereof, the
surety. 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 349.
to certify
payment to the (1) If any money payable under a decree is paid Out of Court, Or
court. the decree is 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 350.
and preference.
[43,20 of 1977] (1) Money, which in the course of an action or in satisfaction of a
decree has 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
property seized in execution of decrees of more courts than one, the court which shall
execution of decrees of receive or realize such property and shall determine any claim thereto
more courts than one. and any objection to the seizure thereof shall be the court of highest
 grade, or, where there is no difference in grade between such courts, the
court under whose decree the property was first seized.
Where several decree- 352 .
holders are entitled to
share rateably in (1) Whenever assets are realized by sale or otherwise in
proceeds of a sale of execution of a decree, and more persons than one have prior
debtor's property. to the realization, applied to the court by which such assets
are held for execution of decrees for money against the same
judgment-debtor, and have not obtained satisfaction thereof,
the assets, after deducting the costs of the realization, shall
be divided 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 (2) If all or any portion of the money realized in execution of
wrong a decree is in the distribution made under the last preceding
person maysection paid to a person not entitled to receive the same, any
be person who is so entitled may sue such person to compel him
recovered to refund the money.
by action
by person
entitled.
Order for 353 . Every order made by a court, in any action or proceeding between parties,
payment of for payment of money not being a fine, shall have the effect of a decree for the
money enforced payment of money, and on default of payment according to its terms shall be
as a decree. enforceable upon the application of the party at whose instance it was made in
like manner as a decree for money.
Fine imposed 354. In the event of an order being made by the civil court under the provisions
by civil court of this Ordinance for the payment of a fine, and in the event of the fine not being
how to be paid into court at the time appointed therefore by the order, the amount of the
levied. 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 to 355. Writs or warrants to levy money, or to take any person in arrest, or to
be usually issued to detain any person in custody, or to deliver possession of property, shall
the Fiscal for usually be directed to the Fiscal of the court issuing the writ or warrant; but
execution, any such writ or warrant may be issued to any grama seva niladhari,
constable or officer of police. And where any such writ or warrant is 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
purpose of court not Fiscal or other person for execution, and all notices and orders required by
being writs or this Ordinance to be given to or served upon any person, shall, unless the
warrant be directed court otherwise directs, be issued for service to the Fiscal of the court
issuing such processes, notices, or orders under a precept of that court as is
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,
and serve or precept directed to him by any court, by himself or by his officers, to
processes of execute such writ or warrant, and to serve every process, notice, or order
court. conveyed to him under such precept according to the exigency of the writ,
warrant, or precept.
Proceedings 358. All proceedings for attachment, contempt, or otherwise against a Fiscal
against Fiscal for or Deputy Fiscal for neglect or refusal to serve process or to comply with any
contempt, & c. order or direction of the court in connection therewith shall, where such
[46,20 of 1977]
Fiscal or Deputy Fiscal is the Fiscal or Deputy 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 niladhari or 359. It shall be the duty of every grama seva niladhari, constable, or
constable to execute or officer of police, upon receiving any writ or warrant or precept directed
serve processes in his to him by any court, to execute such writ or warrant and to serve every
own limits only. process, notice, or order conveyed to him under such precept according
to the exigency of the writ, warrant, or precept in any place within the
district or division in which such grama seva niladhari, constable, or
officer is empowered to act.
Endorsement of 360. It shall be competent to any Fiscal to whom any writ, warrant, or precept
process by Fiscal has been 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 361. Every Fiscal and Fiscal's officer shall, and every grama seva niladhari,
every constable, or officer of police shall, within the local limits in which he is empowered
Fiscal to to act, afford his aid and assistance to anyone charged under the foregoing sections
assist. with the duty of executing any writ or warrant, or of serving any process, notice, or
[48,20 of 1977] order of court.

Every writ or 362 . Every mandate, writ, warrant, precept, or other process issuing from the
process to be Supreme Court, the Court of Appeal, or from any District Court or Family
valid for the Court or Primary Court shall have full force and validity in every place
whole of Sri throughout Sri Lanka ; and every person charged under the foregoing sections
Lanka. with the duty of executing any such process shall be protected thereby from
[49,20 of 1977]
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 363 . The seizure or sale of property, which does not belong to the person whose
not within property is authorized by a writ of levy to be seized and sold, shall not be deemed
last section. 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 364. Unless otherwise in this Ordinance enacted the precept of the court to the Fiscal
precept. 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 365. Process in civil cases, whether at the suit of the State or individuals, shall not
process may be served or executed between the period of sunset and sunrise, nor on a public
not be holiday, nor on any minister of religion, a Bhikku or other priest or religious
served. 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 366. The outer door of any dwelling house shall not be forced open in order seize
not to be the person under civil process issued at the suit of a private individual, excepting
forced. such person shall have escaped or shall have been rescued after having been duly
 arrested.
In effecting seizure of 367. If the person executing any process under this Ordinance, directing
movable property or authorizing seizure of movable property, has obtained entrance into a
inner door may be house or other building, he may unfasten and open the door of any room
opened. in which he has reason to believe any such property to be.
Person executing 368. The person employed in carrying into effect any process of execution
process always to against either person or property shall always have with him the writ,
have writ with him warrant, or mandate of execution, or a copy of the same authenticated by the
or copy. Fiscal or Deputy Fiscal, which shall, if required, be 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
be arrested must of a party, it shall be necessary, in order to constitute an arrest, that the body
be seized or of the person to be arrested shall be actually seized or touched by the officer
touched. executing the process, unless such person express his acquiescence in the
arrest without being so seized or touched.
Fiscal's 370.
return of writ
or precept. (1) Every Fiscal or Deputy Fiscal 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 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
accompanied by constituting his return to the writ of execution or to the precept for service
affidavit to be attached of any process shall be fair written and shall state concisely the mode in
as an exhibit. which the process has been served, or the steps which have been taken to
effect service; and shall be accompanied by an affidavit made by the
officer 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, as
the case may be.
Power of Fiscal or 372. The Fiscal or Deputy Fiscal, or other person specially appointed by the
other person to Minister in charge of the subject of Justice in that behalf, is hereby
administer oath authorized to administer the oath or affirmation which is requisite to the
therefor. making of the affidavit in the last section mentioned. And 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
procedure by instituted upon a duly stamped written petition presented to court by the
petition applicant.
[51,20 of 1977]

Form of 374. The petition shall be distinctly written upon good and suitable paper, and shall
petition contain the following particulars :-
[52,20 1977]

(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
action, petition to pending action, whether of regular or summary procedure, the petition shall
be entitled therein. be headed with a reference to its 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,
exhibits to be shall be exhibited such affidavits, authenticated copy records, processes, or
attached to other documentary evidence as may be requisite to furnish prima facie proof of
petition. the material facts set out or 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
sufficient, order may material facts of the petition are prima facie established or is of opinion
be nisi, or that on the footing of these facts the petitioner is entitled to the remedy, or
interlocutory. to the order in his favour, for which the petition prays, 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 378. In the alternative (a) of section 377 the order nisi may comprise an order against
costs. the respondent, or any of the respondents, to pay the costs of the petitioner.
Form 379. In either of the alternatives (a) and (b) of section 377 the order made shall be put
of into writing, and shall contain a prefatory recital of the petition, and of the exhibits and
order.
 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
insufficient petition the material facts of the petition are prima facie established or is of opinion
to be refused. that on the footing of those facts the 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 to be thereon, shall be filed in court whether the order is in the alternative (a) or (b)
filled. of section 377, or is an order refusing the petition.
Non- appearance 382. If on the day appointed in an order made under section 377 for the
of petitioner on determination of the matter of the petition, the petitioner does not appear
day appointed. before the court either in person or 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 383 .
may take order
nisi absolute. (1) If on such day the petitioner appears, and the respondent does
not appear, 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
where both proceedings on the matter of the petition shall commence by the respondent in
parties appear. person, or by his registered 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 385 . In the event of the respondent stating objections to the application, and not
reply. 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
evidence when court, on the request of the petitioner, to adjourn the matter to enable the
admitted petitioner to adduce 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 387. The court, after the evidence has been duly taken and the petitioner and respondent
order. 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 388.
on 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 on non- 389. No appeal by a respondent shall lie against any final order which
appearance of has been made, in the case of the respondent's non- appearance, on the
respondent, not footing of either an order nisi or an interlocutory order in the matter of
appealable, but may be a petition; but it shall be competent to the court, within a reasonable
set aside. time after the passing of such order, to entertain an application in the
way of summary procedure instituted by any respondent against whom
such order has been made, 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 action of 390. In an application, or action, of summary procedure the persons,
summary procedure. petitioning or respondent, are the parties to the action.
Journal in an 391 . On the institution of an application of summary procedure which is not
action of made in, or incidental to, any already pending action, the court shall commence
summary and keep a journal entitled as of the matter of the application, according to the
procedure. 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 party action does 392. The death of a plaintiff or defendant shall not cause the
not abate if right to sue survives. action to abate if the right to sue on the cause of action
survives.
On death of one out of more 393. If there be more plaintiffs or defendants than one and any of
plaintiffs or defendants than them dies, and if the right to sue on the cause of action survives to
one, if right to sue survive to the surviving plaintiff or plaintiffs alone, or against the surviving
or against the rest, action to defendant or defendants alone, the court shall, on application in
proceed. the way of summary procedure, make an order to the effect that
the action do proceed at the instance of the surviving plaintiff or
plaintiffs, or against the surviving defendant or defendants.
If, on death of one of several 394 .
plaintiffs, the right to sue survives
to the rest jointly with legal (1) If there are more plaintiffs than one, and any of
representative of deceased, legal them dies, and if the right to sue does not survive
representative may be made to the surviving plaintiff or plaintiffs alone, but
plaintiff. survives to him or them and the legal
representative of the deceased plaintiff jointly, the
court may cause the legal representative, if any, of
the of deceased plaintiff to be made a party, and
shall thereupon cause an entry to that effect to be
made on the record and proceed with the action.
[53,20 of
1977]
[3,14 of
(2) For the purposes of this Chapter -
1993]

" estate" means the gross value of the estate of the

deceased ; and
"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
plaintiff, legal legal representative of the deceased may, where the right to sue survives,
representative may be apply to the court to have his name entered on the record in place of the
substituted. deceased plaintiff, and the court shall thereupon enter his name and
proceed with the action.
If no application is made 396. If no such application be made to the court by any person
by legal representative claiming to be the legal representative of the deceased plaintiff, the
action may be declared to court may pass an order that the action shall abate, and award to the
abate. defendant the costs which he may have incurred in defending the
action, to be recovered from the estate of the deceased plaintiff; or the
court may, if it think 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
court to decide who is representative of a deceased plaintiff, it is competent to the court either to
legal representative. stay the action until the question has been decided in another action, or to
decide at once, as between the parties before it, who shall be 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 representative of
deceased defendant. (1) If there be more defendants than one and any of them die
[4,6 of 1990]
before decree, and the right to sue on the cause of action does
not survive against the surviving defendant or defendants
alone and also in case of the death of a sole defendant, or sole
surviving defendant where the right to sue survives, 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 399.
abated by
marriage of (1) The marriage of a female plaintiff or defendant shall not cause
female party. the action 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
bankruptcy of assignee might maintain for the benefit of his creditors shall not bar the action,
plaintiff. unless such assignee 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
does not security within the time so ordered, the defendant may apply for the dismissal of
continue the action on the ground of the plaintiffs bankruptcy or insolvency, and the court
action. 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 402. If a period exceeding twelve months in the case of a District Court or Family
itself may Court, or six months in a Primary Court, elapses subsequently to the date of the
order action last entry of an order or proceeding in the record without the plaintiff taking any
to abate. 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 be 403. When an action abates or is dismissed under this Chapter, no fresh
brought where action action shall be brought on the same cause of action. But the plaintiff or the
has abated; but court person claiming to be the legal representative of a deceased or insolvent
may set aside order. plaintiff may, within such period of time as may seem to the court under
the circumstances of the case to be reasonable, apply for an 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 action 404. In other cases of assignment, creation, or devolution of any interest
in other cases of pending the action, the action may, with the leave of the court, given
assignment of party's either with the consent of all parties or after service of notice in writing
interest. upon them, and hearing their objections, if any, be continued by or
against the person to whom such interest has come, either in addition to
or in substitution for the person from whom it has passed, as the case
may require.
Applications under 405.application under paragraph (a) of subsection (t) of section 393 may be
this Chapter how to made ex parte, but in all other applications for the exercise of the discretion
be made. of the court under this 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
action. (1) If, at any time after the institution of the action, the court is
satisfied on the 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 bring fresh 407. In any fresh action instituted on permission granted under the last
action not to affect preceding section, the plaintiff shall be bound by the law of
prescription. prescription or limitation in the same manner as if the first action had
not been brought.
Adjustment of 408. If an action be adjusted wholly or part by any lawful agreement or
actions out of compromise, or if the defendant satisfy the plaintiff in respect to the whole or
court. any part of the matter of the action, 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
money into any stage of the action, deposit in court such sum of money as he considers a
court. satisfaction in full of the plaintiffs claim.
Notice 410. Notice in writing of the deposit shall be given by the defendant to the plaintiff,
thereof. 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 deposit not 411. No interest shall be allowed to the plaintiff on any sum deposited
allowed to plaintiff by the defendant from the date of the receipt of such notice, whether the
after notice. sum deposited be in full of the claim or fall short thereof.
Procedure where 412. If the plaintiff accepts such amount only as satisfaction in part of
plaintiff accepts his claim, he may prosecute his action for the balance; and if the court
payment in part eventually decides that the deposit by the defendant was a full
satisfaction of his satisfaction of the plaintiffs claim, the plaintiff must pay the costs of the
claim. action incurred after the deposit and the costs incurred previous thereto,
 so far as they were caused by excess in the plaintiffs claim.
Procedure where 413 . If the plaintiff accepts such amount as satisfaction in full of his
plaintiff accepts claim, he shall present to the court a statement to that effect, embodied in
payment in full a motion for judgment, and the court shall pass judgment accordingly,
satisfaction of his and in directing by whom the costs of each party are to be paid the court
claim. shall consider which of the parties is most to blame for the litigation.
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 414. When a defendant by his answer or any party to an action by petition professes
be actually to pay money into court, or when a defendant by his answer sets up a tender of any
paid. 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
apply to any of payment of money into court made by any party to the action in satisfaction
party. 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
where plaintiff the court that a sole plaintiff is, or (when there are more plaintiffs than one)
resident out of Sri that all the plaintiffs are, residing outside Sri Lanka, the court may in its
Lanka. discretion, and either of its own motion or on the application of any
[54, 20 of 1977]
defendants, order the plaintiff or plaintiffs, within a time to be fixed by 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
where defendant to the court that the defendant, or (where there are more defendants than
resident out of Sri one) that any defendant, is residing outside Sri Lanka, the court may in its
Lanka. discretion, and either of its own motion or on the application of such
[54,20 of 1977]
defendant, order the plaintiff or plaintiffs, within a time to be fixed by the
order, to give security for the payment of all costs incurred and likely to be
incurred by such defendant.
Amount of security 417A. The security for payment of costs fixed by order made under section
for payment of 416 or 417 shall in no case exceed the aggregate of the following :-
costs.
[10,14 of 1997]
(a) the total costs that can be ordered in an action of that
category, at the 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
ordered, action may (1) In the event of such security not being furnished within the
be dismissed. time so fixed, the court shall dismiss the action, unless the
plaintiff or plaintiffs be permitted 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 (2) When an action is dismissed under this section the plaintiff
may be set may within thirty days, and after due notice in writing to the
aside. 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 419. Whoever leaves, or is about to leave, Sri Lanka under such circumstances
to residing out as to afford reasonable probability that he will not be forthcoming whenever he
of Sri Lanka. may be called upon to pay costs, shall be deemed to be residing outside Sri
[55,20 of 1977]
Lanka within the meaning of section 416 or 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
examine sick person, on interrogatories or otherwise, and on oath or affirmation, of persons
& c, within resident within the local limits of its jurisdiction who are from sickness or
jurisdiction. infirmity unable to attend the court, or of women who, 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
commission local limits of 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
cases. (1) Any court may in any action issue a commission for the
examination of-

(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 (2) Such commission shall ordinarily be issued to any court,
may except the Supreme Court., the Court of Appeal and the High
commission Court, within the local limits of whose jurisdiction such person
issue. 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 issue 423 . When any court to which application is made for the issue of a
commission to examine commission for the examination of a person residing at any place not
person outside Sri Lanka. within Sri Lanka is satisfied that his evidence is necessary, the court
may issue such commission.
Court to execute the 424 . Every court receiving a commission for the examination of any
commission. person shall examine him pursuant thereto.
Return 425. After the commission has been duly executed, it shall be returned, together with
thereof. 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
under commission action without the consent of the party against whom the same is offered,
when admissible. unless-

(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
which provisions of commissions shall apply to commissions issued by the courts of any
apply. foreign country recognized by the 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
make local investigation to be requisite or proper for the purpose of elucidating any
investigation. matter in dispute, or of ascertaining the 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 429 . The commissioner, after such local inspection as he deems necessary, and after
thereof. 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
examine accounts. necessary, the court may issue a commission to such person as it thinks fit,
directing him to make such examination.
Court to 431. The court shall furnish the commissioner with such part of the proceedings
furnish of the action and such detailed instructions as appear necessary, and the
instructions. 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 be
filed and recorded in (1) The commission in every case within this Chapter shall be
the action. entitled as in the action, whether of regular or summary
procedure, in which it issued, and on its return shall, with all
the proceedings, evidence, and documents, if any, taken
therein, be filed and recorded as of that action.
Commissioner(2) The report of the commissioner or commissioners in each
matters case within (B) and (C), and the evidence taken by a
maybe commissioner (but not the evidence without the report) shall
examined be evidence in the action; but the court, or, with the
personally. permission of the court, any of the parties to the action, may
examine the 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
payment into court such sum (if any) as it thinks reasonable for the expenses of the commission,
of expense. to be paid into court by the 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
commissioners. administer an 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,
Ordinance as to and examination of witnesses, and to the remuneration of, and penalties to be
witnesses to apply. imposed upon, witnesses, shall apply to persons required to give evidence or
to produce documents under 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 appear436. Whenever a commission is issued under this Chapter the court shall
before direct that the parties to the action shall appear before the commissioner in
commissioner. person or by their recognized agents or registered attorneys. If the parties
do not so appear, the commissioner may proceed ex parte.
AFFIDAVITS
Evidence 437. Whenever any order has been made by any court for the taking of evidence on
on affidavit, or whenever evidence on affidavit is required for production in any
affidavit. application or action of summary procedure, whether already instituted or about to
[21,79 of 1988]
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 (ace
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 408. 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'
declarant. Commissioner for oaths, or person qualified before whom it is sworn or
[22,79 of 1988] affirmed.
Case of 439 . In the event of the declarant being a blind or illiterate person, or not able to
illiterate understand writing in the language of the court, the affidavit shall at the same time be
person. read over or interpreted to him in his own language, and the jurat shall express that it
[23,79 of 1988]
was read over or interpreted to him in the presence of the court. Justice of the Peace,
or Commissioner, 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, or Commissioner. 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 of440. Every affidavit must be fairly written, and must exhibit no erasures or blotting
affidavit. or blanks; if any alteration is needed to be made in the original writing before it is
[24,79 of 1988] sworn or 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 copies of 440A.
statements or complaints made to,
or of plans or sketches prepared (1) Where a party to any proceedings in a civil court
by, police officers or inquirers requires for the purpose of such proceedings a
and the production of such certified copy of any complaint or statement made to
certified copies. a police officer, or an inquirer, whether in the course
[58,20 of 1977]
of any investigation or otherwise, or of any plan, or
sketch prepared by a police officer, or an inquirer,
on information furnished by any person or persons,
such party shall, upon the payment by such party to
the appropriate authority of the usual charges, be
entitled to obtain a certified copy of such complaint,
statement, plan or sketch, as the case may be; and
the court, upon application made in that behalf, may
direct the appropriate authority to issue such
certified copy.
(2) Notwithstanding anything to the contrary in any
other law, a certified copy 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
process. against the State shall be served upon the Attorney-General.
Attorney- General to 458. The court, in fixing the day for the Attorney-General to answer to the
have reasonable time plaint, shall allow a reasonable time for the necessary communication with
to appear. the Government through the proper channels, and may extend the time at
its discretion.
Service on 459. Where the defendant is a public officer, the court may send a copy of the
public summons to the head of the office in which the defendant is employed, for the
officer. purpose of being served on him, if it appear to the court that the summons may be
most conveniently so served.
Public officer 460. If the public officer on receiving the summons considers it proper to make a
may apply for reference to the Government before answering to the plaint, he may apply to the
time to answer. court to grant such 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
Minister, Deputy representing the State or against a Minister, Deputy Minister, or public
Minister, and public officer in respect of an act purporting to be done by him in his official
officer entitled to capacity, until the expiration of one month next after notice in writing
notice. has been delivered to such Attorney-General, Minister, Deputy Minister,
or officer (as the case 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 no 461A.
notice has been
given under section (1) Where no notice as required by section 461 has been given
461. prior to the institution of the action, and objection is taken prior
to or in the answer that no 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 person 462. No writ against person or property shall be issued against the Attorney-
or property in such General such action in any action brought against the State or in any action in
action. which the Attorney-General is substituted as a party defendant under section
463.
When Attorney- 463. If the Attorney-General undertakes the defence of an action against a
General may Minister, Deputy Minister, or public officer, the Attorney-General shall apply
intervene. to the court, and upon such 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
General docs not before the day fixed in the notice for the defendant to appear and answer
intervene action to to the plaint, the case shall proceed as in an action between private
proceed as against parties, except that the defendant shall not be liable to arrest, nor his
private party. property to attachment, otherwise than in execution of a decree.
Minister, Deputy 465. In an action against a Minister, Deputy Minister, or public officer in
minister or public respect of such act as aforesaid, the court shall exempt the defendant from
officer need not appearing in person when he satisfies the court that he cannot absent
appear in person. himself from his duty without detriment to the transaction of 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
against a other public body, or any company authorized to sue or be sued, the name
corporation, or and the style of the corporation, board, public body, or company, or of the
company. officer (if any) in whose name any such 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
corporation or body, or a company authorized to sue and be sued in the name of an officer or of
company. a trustee, except in 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
trustees, executors, administrator, when the contention is between the persons beneficially
and administrators interested in such property and a third person, the trustee, executor, or
administrator shall represent persons so interested ; and it 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 473. When there are several trustees, should be executors, or administrators, they
& c, made shall all be made parties to an action by or against one or more of them; Provided
parties. 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
administrators testator or intestate, such executor or administrator shall, unless the court
liable in costs. shall otherwise order, be 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 executrix 475. Unless the court directs otherwise, the husband of a married
not to be made party. executrix or administratrix shall not be a party to an action by or against
her in her representative capacity.
CHAPTER XXXV
ACTIONS BY AND AGAINST MINORS AND PERSONS UNDER OTHER
DISQUALIFICATION
Action by 476 . Every action by a minor shall be instituted in his name by an adult person who in
minor. 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
guardian ad application under section 487) shall be made in his name by his next friend or
litem. his guardian for the action, and shall be so expressed to be made on the face of
the application.
Procedure 478.
where 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 479. Where the defendant to an action is a minor, the court, on being satisfied
appoint guardian of the fact of his minority, shall appoint a proper person to be guardian for the
ad litem. 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
minor not or by which a minor is in any way concerned or affected without such minor
represented. being represented by a next 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 481.
act as 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 482. If the interest of the next friend of a minor is adverse to that of such minor,
shown court or if he is so connected with a defendant whose interest is adverse to that of the
may remove minor as to make it unlikely that the minor's interest will be properly protected
next friend. 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 483 .
next 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
of next friend. proceedings shall be 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
new next friend. take steps to 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
election on coming an application is pending, on coming of age, must elect whether he will
of age. proceed with the action or application.
Discharge of next friend 487.
on minor's election to
proceed with action. (1) If he elects to proceed with it, he shall apply for an
order discharging the next friend, and for leave to proceed
in his Own name.
(2) The title of the action or application shall, upon such
order being made, be 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 election of 488. If he elects to abandon the action or application he shall, if a sole
sole plaintiff to abandon plaintiff or sole applicant, apply for an order to dismiss the action or
on payment of costs. application, on repayment of the costs incurred by the defendant, or
respondent, or which may have been paid by his next friend.
Application to 489. Any application under section 487 or section 488 may be made ex pane:
be ex parte and the 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-
plaintiff to (1) A minor CO-plaintiff on coming of age, and desiring to
repudiate. repudiate the action, must apply to have his name struck out as
co-plaintiff; and the court, if 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 ex-minor 491.
applies to have action
dismissed as (1) If any minor on attaining majority can prove to the
unreasonable or satisfaction of the court that an action instituted in his name
improper. by a next friend was unreasonable or improper, he may, if a
sole plaintiff, apply by way of summary procedure to have
the action dismissed.
(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
person sue for prosecute any proceedings in a Primary Court for any money which may be due to
wages. him for wages or 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
guardian ad litem. (1) An order for the appointment of a guardian for the action
may be obtained 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
court may be action, the court may appoint any of its officers to be such guardian,
appointed. provided that he has no interest adverse to that of the minor.
Co-defendant 495 . A co-defendant of sound mind and of full age with no interest adverse
maybe appointed. to that of the minor may be appointed guardian for the action, but a plaintiff
[2,20 of 2002]
cannot be so appointed.
Court may 496. If the guardian for the action of a minor defendant does not do his duty, or
remove guardian if other sufficient ground be made to appear, the court may remove him and
and litem may order him to pay 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
guardian. court, the 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
execution of or representative, being a minor, of a deceased party, a guardian for the action
decree against of such minor shall be appointed by the court, on an application of summary
minor heir. procedure duly made for this purpose, and the decree- holder shall then serve
on such guardian notice of such application.
When court 499. No sum of money or other thing shall be received or taken by a next friend
may allow next or guardian for the action on behalf of a minor at any time before decree or order,
friend funds unless he has first obtained the leave of the court, and given security to its
for suit. satisfaction that such money or other thing shall be duly accounted for to, and
held for the benefit of, such minor.
Next friend may not 500 .
compound action
without leave of court. (1) No next friend or guardian for the action shall, without the
leave of the court, enter into any agreement or compromise
on behalf of a minor with 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 apply 501.
to persons of unsound
mind and mentally (1) The provisions contained in this Chapter shall, mutatis
deficient persons. mutandis, apply in the case of persons of unsound mind and
[13,53 of 1980]
mentally deficient persons, adjudged to be so under the
provisions of this Ordinance or under any law for the time
being in force.
(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, 502 . For the purposes of this Chapter, a minor shall be deemed to have attained
what is. majority or full age on his attaining the age of eighteen years, or on marriage, or on
[2,12 of 1996]
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
the naval, military (1) When any officer in the naval military, or air service or any
or air force. sailor, soldier, or airman actually serving the Government in the
capacity of a member of a 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
agent. party in the 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 sue504. Any person authorized by such party to prosecute or defend an action in his
or defend in stead may prosecute or defend it in person in the same manner as such party could
person. 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,
process in or upon any attorney-at-law appointed as aforesaid by such person to act for or on
such cases. behalf of 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
commanding officer (1) When any naval, military, or air officer or any sailor,
for service. soldier, or airman is a defendant, a copy of the summons shall
be sent by the Fiscal to his 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
delivered for (1) If, in the execution of a decree, a warrant of arrest or other
execution. process is to be executed within the limits of a cantonment,
garrison, or naval, military, or 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
account. that the 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
for taking accounts being taken, inquiries made, or commissions or directions issued,
accounts, & c. must adjudicate (either by 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 510. Every order directing an account to be taken, or giving leave to a party to falsify
scope of or to surcharge an account, shall appoint a day for the filing of the account or of the
order. 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 511. The account directed to be taken, before it is filed, must be verified on oath or
of the affirmation by the accounting party. Objections to the account may be filed by any
accounts. 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 to be 512. The day for filing the account directed to be taken, and the times for
taken in appointing filing the objections thereto, and for the hearing and determination of the
the days for the issues arising there out, shall respectively be fixed with a due regard to the
purpose. circumstances of the matter and the situation of the parties therein, so that
reasonable opportunity may be afforded to the accounting party to 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 513. In the event of the accounting party not duly filing his account, and not
where party satisfying the court that there is just cause for his default, the court shall proceed
makes default. with the hearing of the 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 apply 514. When an order is made in an action for an inquiry into facts, the
when an order is foregoing rules shall, mutatis mutandis, apply to the making of the order,
made in an action for the filing of the state of facts and of the objections thereto, or counter state
an inquiry, of facts, and to the trial of the issues arising there out respectively, so
nearly as reasonably may be.
Adjournment of the 515. When the hearing of an action is adjourned for the intermediate
hearing until after the taking of accounts, making of inquiries, or execution of commissions ,
accounts & c shall have or of other directory orders, the interval of adjournment shall be
been taken, adjusted with immediate reference to the proceedings prescribed by the
foregoing rules for such interlocutory matter, so as to allow of its being
conveniently 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 516. When any person shall die leaving a will in Sri Lanka, the person in of
will of whose keeping or custody it shall have been deposited, or who shall find such will
deceased, after the testator's death, 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
administration. (1) When any person shall die leaving a will under or by virtue
of which any property in Sri Lanka is in any way affected, any
person appointed executor 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
administration operation of this Chapter, and no application has been made by any person
compulsory when to have the will proved and probate granted in respect thereof, the court
there is a will. shall in accordance with the procedure set out in respect of the grant of
probate or letters of administration on application made thereto, 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
Trustee may be appointed administrator in the manner provided, in the last preceding section or
appointed. no such person is willing to be so appointed, and not in any other case, the
court shall appoint the Public Trustee as administrator.
Security.520. In every case in which it is found necessary, whether by reason of such executor
as 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 the
Public Trustee. (1) Whenever the Public Trustee applies for letters of
administration, it shall be sufficient if the petition
presented for the grant of such letters states-

(a) the time and place of the death of the

deceased to the best of 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
Trustee in or grant of letters 01 administration in respect of the estate of a deceased
administering estates. person, he shall as far as practicable, comply with the provisions of this
Chapter relating to the administration of estates:
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 523. In the case of a conflict of claims to have the will proved and probate or grant
grant of administration issued, the claim of an executor or his attorney shall be preferred
should be to that of all others, and the claim of a creditor shall be postponed to the claim of a
made. 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
proof in case of a (1) Every application to the District Court to have the will of a
will. deceased person proved, shall be made within a period of three
months from the date of finding of the will, and shall be made by
way of petition and affidavit and such 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 1998] (bb) the heirs of the deceased to the best of the

petitioner's 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 where 525 . When any person shall die in Sri Lanka without leaving a will, it
person dies leaving shall be the duty of the widow, widower, or next of kin of such
property exceeding five person, if such person shall have left property in Sri Lanka amounting
hundred thousand rupees to or exceeding in value five hundred thousand rupees, within one
in value. month of the date of his death to report such death to the District
Court of the district in which he shall have so died, and at the same
time to make oath or affirmation or produce an affidavit verifying the
time and place of such death, and stating if such is the fact, that the
intestate 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 for 526. When any person shall die without leaving a will or where the
letters of administration. will cannot be found, and such person shall have left property in Sri
Lanka-

(a) any person interested in having the estate of the

deceased administered 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 compulsory 527. In case no person shall apply for the grant of letters of
where estate is over five administration or for the issue of certificates of heir ship, as the case
hundred thousand rupees in may be, and it appears to the court necessary or convenient to
value. appoint some person to administer the estate or any part thereof, it
shall be lawful for the court in its discretion, and in every such case
where the estate amounts to, or exceeds in value, five hundred
thousand rupees, the court shall in accordance with the 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 application for 528.
letters of administration
or certificates of heir (1) Every application to the District Court for grant of
ship, letters of administration or for the issue of certificates of
heir ship shall be made within three months from the date of
death, and shall be made by way of petition and affidavit,
and such petition shall set out in numbered paragraphs-

(a) the fact of the absence of the will;

(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 notice 529.
relating to application
under section 524 or (1) Every application to a District Court under section 524 or
528. 528 shall be received by the Probate Officer of the District
Court, and shall be registered in a separate register to be
maintained for that purpose by the Probate Officer who shall
thereafter cause the required publications to be made in terms
of 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
guardian or minor without a natural guardian, or person of unsound mind, without a
manager. guardian, steps shall be taken for the appointment of a guardian or manager,
upon the making of an application to the District Judge, which application
shall be heard in Chambers.
Order on 531 .
application made
under section 524 (1) If no objections are received in relation to any application
or 528. received under section 524 or 528 in response to a notice
published under section 529, on or before the date specified in
such notice in respect of such application, the 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 there 532.
are objections to
applications under (1) If any objections are received in relation to any
section 524 or 528. application under section 524 or 528 in response to a notice
published under section 529, on or before the date specified
in such notice in respect of such application, the court shall
proceed to hear, try and determine such application in
accordance with the procedure herein provided and may for
such purpose name a day for final 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
pursuance of a District Court, under section 531(1) (b) (ii), any money, movable property or
certificate of heir certificate is handed over or transferred in pursuance of such certificate, by
ship. any bank or institution to any heir entitled to the same, such handing over or
transfer shall be deemed to be in discharge of an obligation 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
on objection, court have been duly adjourned the respondent or any person upon whom the order
shall frame issues. nisi has been directed to be served, or any person then appearing to be
interested in the administration of the deceased's 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 534
may be made
on final (1) If at the final hearing, or on the determination of the issues thus
hearing. framed it shall appear to the court-

(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
appointed (1) Where a corporation is appointed executor under a will
administrator or either alone or jointly with another person, the court may
executor. grant probate to such corporation either solely or jointly with
such other person as the case may require, and the
corporation may act as executor accordingly.
(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 536. At any time after the notice published under section 529 and before the final
file hearing of the petition, it shall be competent to any person interested in the will or in
caveat. the deceased 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, revoke or 537. In any case where a certificate of heir ship has issued, or probate
cancel probate of a deceased person's will or administration of a deceased person's
administration or property has been granted it shall be competent to the District Court to
certificate of heir ship. cancel the said certificate, or recall the said probate or grant of
administration, and to revoke the grant thereof, upon being satisfied
that the certificate should not have been issued or that the will ought
not to have been held proved, or that the grant of probate or of
administration ought not to have been made; and it shall also 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 538 . All applications for the cancellation, recall or revocation of certificates of
for recall & c. heir ship, probate or grant of administration shall be made by petition, in
pursuance of the rules of 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 539.
and
valuation. (1) In every case where an order has been made, by a District Court
declaring 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
administration. of administration, limited, either in respect to its duration, or in respect to the
property to be 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 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
administration power of administration, which is authenticated by the grant of probate, or is
when not limited. conveyed by the grant of letters of administration, extends to every portion
of the deceased person's property, movable 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 543. If any person shall die leaving property in Sri Lanka, the Judge of the court
ad colligenda. of any district in which such property shall be situate shall, on the facts being
verified to his 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.
[ 2,34 of 2000]

(1) Any person over sixteen years of age who has-

(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 2002] (b) any share in a company registered in terms of the

Companies 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;
(e) any other movable property in any vault, in any licensed
Commercial Bank or licensed Specialized Bank, within the
meaning of the Banking Act, No. 30 of 1988.
(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 maintenable in certain 545. No person shall-
cases.
(a) maintain any action for the recovery of any
property; or
(b) effect any transfer of any property,
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 executor is 546. When a person is appointed executor of a will for a particular
appointed for a limited purpose only of the will, and not executor of the will generally, probate
period. will be granted to him limited for that purpose only.
Fresh grant, 547 . When a sole executor or a sole surviving executor to whom probate has been
when granted, or a sole administrator or a sole surviving administrator to whom a grant of
allowed. administration has 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 548. Errors in names and descriptions, or in setting forth the time and place of
of errors. the deceased's death or the purpose in a limited grant, may be rectified by the
court, and 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
executors and way of commission as well on property not sold but retained by the heirs, as
administrators. on property sold by such executors and administrators, at such rate not
exceeding three per centum, and on cash found in the 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
several executors. allowed by law to a sole executor or administrator, unless there are more than
three, in which case the 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 551. Every executor and administrator shall file in the District Court, on or before
accounts. the 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
administrator failing to creditors, heirs, legatees, or other persons the sums of money to which
administer within one they are respectively entitled within one year after probate or
year liable for interest. administration is granted, such executor or administrator shall be liable
to pay interest out of his own funds for all sums which he shall retain in
his own hands after that period, unless he can show good and sufficient
cause for such detention.
Offences. 553.

(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 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.

(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 of a 554F . The estate of a deceased person shall be deemed to be insolvent-
deceased person is
deemed to be (i) If upon the basis of a valuation of his assets and liabilities as
insolvent. at the date of his death or at any time subsequent thereto, it
[87,20 of 1977]
appears that the assets are or will be insufficient to pay in full
the funeral, testamentary and administration 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 insolvent, 554G.
applicant for probate,
& c, to take steps to (1) Where an estate is deemed to be insolvent at the date an
have it so declared. application for probate or letters of administration is made,
[87,20 of 1977]
the petitioner shall, in addition to the other averments
required to be stated in the petition for probate or letters, set
out the material facts upon which adjudication that the estate
should be deemed to be insolvent is claimed, and shall
contain detailed lists showing-

(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 insolvent, 554H.
executor or administrator
to take steps to have it so (1) Where after grant of probate or letters an estate is
declared. deemed to be insolvent, the executor or administrator shall
[87,20 of 1977]
file a petition by way of summary procedure for an
adjudication that the estate shall be deemed to be insolvent,
and such petition shall set out the material facts and the
lists as are required to be filed under the last preceding
section.
(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
adjudication of estate (1) It shall be competent for a creditor, heir. beneficiary, or
as insolvent. other person interested in the estate, similarly to make
[87,20 of 1977]
application for adjudication that the estate should be deemed
to be insolvent, and the provisions of section 554G shall,
mutatis mutandis, apply to such application.
(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
declaring estate prima facie established, it shall enter a testamentary insolvency order nisi
insolvent. declaring the estate to be insolvent in the form No. 93A in the First Schedule.
[87,20 of 1977]

When order 554L. A copy of the testamentary insolvency order nisi shall be served on each the
nisi to be respondents named therein and notice of such order nisi in the form No. 93B in the
served. First Schedule shall be advertised at the expense of the petitioner not later than one
[87,20 of 1977]
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 554M. Any person interested in the estate shall be entitled to appear on the day
interested may fixed therein and may show cause or support the application, and the court may
intervene. after due inquiry in accordance with the provisions of Chapter XXIV, either
[87,20 of 1977]
dismiss the petition or make the testamentary insolvency order nisi absolute.
Order absolute 554N. The testamentary insolvency order absolute shall be in the form No. 93C
to be advertised in the First Schedule, and shall be advertised in the same manner as the order nisi
[87,20 of 1977]
and in such other manner if any, as the court shall consider necessary in the
circumstances of the case.
Actions and execution 554P . As from the date on which the testamentary insolvency order nisi
proceedings to be declaring the estate insolvent is made, all actions in respect of admitted
stayed after such order claims and all execution proceedings against the estate of the deceased
nisi. shall be stayed, subject however, to the right of any secured creditor who
[87,20 of 1977]
has taken out execution proceedings, to proceed to realize his security
upon such conditions as the court, having regard to the provisions of the
Insolvency Ordinance, shall order.
When court may 554Q. Where the executor named in the will or the widow or widower is
point fit unwilling to proceed with the due administration of an insolvent estate, or
administer where the executor or administrator to whom probate or letters have been
estate. issued fails to administer the estate with reasonable dispatch, the court may,
[87,20 of 1977]
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
estate to be shall be distributed in accordance with the following provisions:-
distributed.
[87,20 of 1977]
(a) the funeral, testamentary and administration expenses shall first
be paid 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 obligations of 554S. An executor or administrator of an insolvent estate shall have
executors and the same powers and be subject to the same obligations as the
administrators, assignee of an insolvent appointed under the Insolvency Ordinance.
[87,20 of 1977]

Administration of estates 554T. An appeal from a testamentary insolvency order nisi or absolute
not to be saved due to declaring an estate insolvent shall not have the effect of staying the
appeal . further proceedings in administration, unless the Court of Appeal shall
[87,20 of 1977]
make order to the contrary.
 CHAPTER XXXVIIIB
FOREIGN PROBATES
Sealing of foreign 554U. Where a Court of Probate or other authority in a foreign country
probates or letters of has either before or after the 15th day of December, 1977, granted probate
administration. or letters of administration in respect of the estate of a deceased person,
[87,20 of 1977]
probate or letters so granted may, on being produced to, 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
fulfilled before under this 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
payment of require, before sealing, that adequate security be given for the payment of debts
debts. due from the estate to creditors residing in Sri Lanka.
Duplicate or copy of 554X. A duplicate of any probate or letters of administration sealed
probate or letters of with the seal of the court granting the same, or a copy thereof certified
administration. as correct by or under the authority of such court shall have the same
[87,20 of 1977]
effect as the original,
Liabilities of 554Y. The sealing of probate or letters of administration under this Chapter
executors and shall not affect the liability of an executor or administrator-
administrators.
[87,20 of 1977]
(a) to file within the time appointed by court an inventory of the
[5,14 of 1993]
deceased person's property and effects situated in Sri Lanka
with valuation of same as 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 deemed 554Z. For the purpose of all estates to which this Chapter applies-
to be court issuing
probate or letters of (a) all references in this Ordinance to any court as being
administration. the court from which grant of probate or letters of
[87,20 of 1977]
administration issued shall be construed as references to
 the court by which probate or letters of administration have
been sealed under this Chapter and all references to the
granting of probate or 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)
Resealing Rules Ordinance, the British Courts Resealing Rules, 1939, shall be deemed to be
deemed to be in and to continue in force for the purposes of this Chapter as if the said
force. Ordinance had not been repealed, and may be amended, varied, altered or
[87,20 of 1977]
rescinded by rules made under Article 136 of the Constitution.
Interpretation554BB. 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
first charge on the relation to, every application, order or other document in testamentary
estate of the proceedings and the executor or administrator, as the case may be, shall be
deceased. personally liable for the payment of such stamp duty. The amount so paid by
[87,20 of 1977]
way of stamp duty shall be recoverable by the executor or 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
provision. Sri Lanka leaving an estate and testamentary proceedings had not been
[87,20 of 1977]
commenced in respect of such 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
"person of shall, unless the contrary appears from the context, mean every person found
unsound mind." by due course of law to be of unsound mind and incapable of managing his
affairs.
District 556.
Court to
institute (1) Whenever any person who is possessed of property is alleged to be
inquiry. 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 (2) Application for such inquiry may be made on petition in the way of
for, how to summary procedure by any relative of the person alleged to be of
be made. unsound mind, or by a Superintendent of Police, or at the instance of
[88,20 of 1977] the Attorney-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 557. When the District Court on such application being made to it is not
petition be satisfied by affidavit or other evidence that such inquiry as aforesaid ought to
dismissed. be instituted, it shall dismiss the petition.
Procedure on court 558 . When the District Court on any such application being made to it is
being satisfied that satisfied by affidavit or other sufficient evidence that such inquiry as
inquiry ought to be aforesaid ought to be instituted, it shall pass an order to that effect and
instituted. then appoint a time and place for holding the inquiry.
Proceeding in 559. As soon as such order shall have been passed, the District Court shall cause a
such case. copy 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,
be of unsound mindrequire the person alleged to be of unsound mind to attend at such convenient
may be required to time and place as it may appoint, for the purpose of being personally
attend- examined by the court or by any person from 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 563. The trial of this issue shall be effected by viva vice examination and cross-
issue to be examination of witnesses, as nearly as may be as is hereinbefore directed for the trial
public. 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
unsound mind shall take part as a party defendant therein either by his registered attorney or
to be present counsel or in 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
the Issue. Costs. person 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 be 566. When a person has been adjudged not to be of unsound mind and
dismissed after inquiry. not incapable of managing his affairs, the court shall dismiss the
petition.
Manager to be 567. When a person has been adjudged to be of unsound mind and incapable of
appointed. managing 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
person. the 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
manager or mind, or the person appointed to be guardian of the person of a person of
guardian. unsound mind, shall be 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
guardian. shall 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 manager- 571. Every manager of the estate of a person of unsound mind appointed as
Restrictions on aforesaid may exercise the same powers in the management of the estate as
manager's powers might have been exercised by the proprietor if not a person of unsound mind
; and may collect and pay all just claims, 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. 572.
Account.
(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
expenditure, to be what may be required for the current expenses of the person of unsound
paid into kachcheri. mind or of the estate shall be paid into the kachcheri on account of the
estate, and shall be dealt with thereafter in such manner as is prescribed by
law in the case of suitors' deposits.
Relative 574. It shall be lawful for any relative of a person of unsound mind to sue for an
may sue for account from any manager, appointed under this Ordinance, or from such person
account. 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 be removed. (1) The District Court, for any sufficient cause, may on the
application of the 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
neglect or refusal person of unsound mind or a public officer under section 575 impose a fine
to account. not exceeding five hundred 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
necessary court condition in life of the person of unsound mind and his family, and the
need not appoint amount and description of his property, to be unnecessary to appoint a
manager. manager of the estate as hereinbefore provided, the court 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 when 578.
person of unsound
mind so found alleged (1) When any person has been adjudged to be of unsound
to have recovered. mind and incapable of managing his affairs, if such person or
any other person acting on his behalf, or having or claiming
any interest in respect of his estate, shall 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
Diseases Ordinance. provided shall be followed, anything in the Mental Diseases Ordinance to
the contrary notwithstanding.
Appeal to 580. Every order made by a District Court under the provisions of this Chapter shall
Court of be subject to an appeal to the Court of Appeal, and such appeal may be prosecuted
Appeal. 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
menially deficient (1) The provisions contained in this Chapter, other than section
persons. 555 shall apply in the case of mentally deficient persons.
[14,53 of 1980]
(2) For the purposes of this section, " mentally deficient persons
", mean 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 exempt 581. No stamp duty shall, attach or be payable for any application,
from stamp duty. process or other document filed in court under the provisions of this
Chapter.
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
to have charge of for a minor, under a will or deed, or by reason of nearness of kin, or
minor's property. otherwise, may apply to the Family Court for a certificate of curatorship ; and
no person shall be entitled to institute or defend 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, 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
appointment of person to such certificate has not been granted, may apply by petition in the
have charge of property or way of summary procedure to the Family Court, to appoint a fit
person of minor. person to take charge of the property and person or of either property
or person of such minor.
Charge of 585.
property of
minor to whom (1) If it shall appear that any person claiming a right to have charge
to be granted. of the property of a minor is entitled to such right by virtue of a will
or deed, and-is 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
(3) The court may also, if it think fit (unless a guardian has been
maybe
appointed by the father), appoint such person as aforesaid or such
appointed
relative, or any other relative or friend of the minor, to be guardian
guardian of
of the person of the minor.
person.
Court may (4) The court may call upon any grama seva niladhari for a report
call upon on the character and qualification of any relative or friend of the
grama seva minor who may be desirous or willing to be entrusted with the
niladhari to charge of the property or person of such minor, and who resides in
 report on the division.
qualification.
When charge of 586. If no title to a certificate is established to the satisfaction of the court by
property may be a person claiming under a will or deed, and if there is no near relative willing
granted to any fit and to be entrusted with the charge of the property of the minor, and the court
person. shall think it necessary for the interest 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 charge 587 .
of the person and
maintenance, to be (1) Whenever the court shall grant a certificate of
appointed at the same curatorship to the estate of a minor who is resident in Sri
time, Lanka to any person under the last section, it shall at the
same time appoint a guardian to take charge of the person
and maintenance of the minor,
(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 (3) If the person appointed to be guardian be unwilling to
allowance. 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 588.
inquiries.
(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
Accounts. whom a 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 the589. Any relative of the minor or the minor himself by a next friend or the
inventory and Attorney-General may, by petition and by way of summary procedure,
accounts. impeach and falsify the correctness of 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,
minor may sue or the minor himself by a next friend, at any time during the continuance of the
curator for minority, to sue for an account from any person to whom a certificate shall
accounts. have been granted under the provisions 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
certificates. summary 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 curator of
property, or guardian of (1) The Family Court may permit any person to whom a
person of minor. certificate shall have been granted under this Ordinance, and
any guardian appointed by the court, to resign his trust; and
may give him a discharge therefrom on his accounting to his
successor, duly appointed, for all moneys received and
disbursed by 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 593. Every curator other than one deriving title under a will or deed, to whom a
of curator. certificate 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 594. Every guardian appointed by the Family Court under this Chapter, who shall
education. 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
matrimonial et thoro, or for declaration of nullity of marriage, the pleadings shall be by way
actions. of plaint and answer, and 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 to
have jurisdiction. (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 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- 598. Upon any such plaint presented by a husband, in which the adultery of the wife
defendant. 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 599. The prayer to be excused from making the alleged adulterer a co-
co-defendant is defendant and the allegations of fact upon which it is founded, supported by
excused. affidavit of fact or other sufficient evidence, shall be embodied m the plaint.
Sections 598 and 599 to apply 599A. The provisions of sections 598 and 599 shall, mutatis
where adultery of the husband mutandis, apply where in a plaint presented by a wife, adultery of
is alleged. the husband is a cause of action.
[91,20 of 1977]

[Sections 600 and 601 repealed by Law No. 20 of 1977]

Decree to be passed 602. When the court is satisfied on the evidence that the case of the plaintiff
declaring marriage has been proved, the court shall pronounce a decree declaring such marriage
dissolved. to be dissolved in the manner and subject to all the provisions and
 [93,20 of 1977] limitations in sections 604 and 605.
Defendant 603. In any action instituted for dissolution of marriage, if the defendant opposes
when entitled the relief sought on any ground which would have enabled him or her to sue as
to relief. 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 in the decree nisi not to be made absolute till after the expiration of not less than
first instance. three months from the pronouncement thereof, or such longer period as the
[94,20 of 1977]
court may prescribe in the said decree.
Decree when to 605. Whenever a decree nisi has been made and no sufficient cause has been
be made shown why the same should not be made absolute as in the last preceding section
absolute. 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 607.
nullity 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 divorce
whether after decree of (1) Application for a separation a mensa et thoro on any
separation or otherwise. ground on which by the law applicable to Sri Lanka such
separation may be granted, may be made by either husband
or wife by plaint to the Family Court, within the local limits
of the jurisdiction of which he or she, as the case may be,
resides, and 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 609 .
wife's
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
contracts & c so separated, be considered as an unmarried woman for the purposes of
rights to sue. contract, and wrongs 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
revised by the court (1) Any husband or wife, upon the application of whose wife
which made it. or husband, as the case may be, a decree of separation has
been pronounced, may, at any time thereafter, present a
petition to the court by which the decree was 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 612.
may be order to
pay costs. (1) Whenever in any plaint presented by a husband the alleged
adulterer has 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
section 606 may be it thinks that the applicant had no grounds, or no sufficient grounds for
ordered to pay costs. intervening, may order him to pay the whole or any part of the costs
occasioned by the application.
Alimony 614.
pen-dente
lite. (1) In any action under this Chapter, whether it be instituted by a
[99,20 of 1977]
husband or a 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
or separation. (1) The court may, if it thinks fit, upon pronouncing a decree of
[100,20 of 1977]
divorce or separation, order for the benefit of either spouse or of
the children of the 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
into ante-nuptial and decree of nullity of marriage, may inquire into the existence of ante-
post nuptial nuptial or post-nuptial settlements made on the parties whose marriage is
settlements. the subject of the decree, and may make such orders, with 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
decree for separation to time, before making its decree, make such interim orders, and may
order maintenance of make such provision in the decree as it deems proper with respect to the
minor children. custody, maintenance, and education of the minor children, the marriage
of whose parents is the subject of such action, and may, if it thinks fit,
direct proceedings to be taken for placing such children under the
protection of the said court.
Court may after decree 620. The court after a decree of separation may, upon application by
of separation make order way of summary procedure for this purpose, make from time to time all
respecting custody, & c., such orders and provisions, with respect to the custody, maintenance,
of minor children. and education of the minor children, the marriage of whose parents is
the subject of the decree, or for placing such children under the
protection of the said court, as might have been made by such decree or
 by interim orders in case the 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
interim order and also nullity of marriage, the court may from time to time, before making its
provide for custody, & decree absolute or its decree (as the case may be), make such interim
c, of minor children in orders, and may make such provision in the decree absolute or decree, as
decree. the court deems proper with respect to the custody, maintenance, and
education of the minor children, the marriage of whose parents is the
subject of the action, and may, if it thinks fit, direct proceedings to be
taken for placing such children under the protection of the court.
Court may after decree 622. The court after a decree absolute for dissolution of marriage or a
absolute make orders decree of nullity of marriage may, upon application by petition on
respecting custody, & c, summary procedure for the purpose, make from time to time all such
of minor children. orders and provisions, with respect to the custody, maintenance, and
education of the minor children, the marriage of whose parents was the
subject of the decree, or for placing such children under the protection
of the said court as might have been 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
further evidence. or plaint under this 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
alimony and may be enforced either in accordance with the provisions of this
maintenance orders. Ordinance or in the manner provided in the Maintenance Ordinance.
[102,20 of 1977]

When 625. Upon a decree nisi for divorce being made absolute under the provisions of this
parties may Chapter, or when three months after the passing of the decree thereunder of nullity
marry of marriage shall have elapsed, without an appeal having being taken therefrom, or
again. upon the confirmation in appeal of any decree, but not sooner, it shall be lawful for
[103,20 of 1977]
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 with
wife after decree made (1) Every decree for separation or order to protect property
and before reversal. obtained by a wife under this Chapter shall, until reversed or
discharged, be deemed valid, so far as necessary for the
protection of any person dealing with the wife.
(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
application of this and Divorce Act and the Muslim Marriage and Divorce Act, nothing in
Chapter as to Muslim this Chapter contained shall be taken to apply to any marriage between
and Kandyan marriages. persons professing Islam or to any marriage affected by the provisions
[104,20 of 1977]
of the Kandyan Marriage and Divorce Act,
CHAPTER XLIII
INTERPLEADER ACTIONS
Interpleader 628. When two or more persons claim adversely to one another payment of the
actions. same sum 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 629 . In every action of interpleader the plaint must, in addition to the other statements
plaint. 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 to 630. When the thing claimed is capable of being paid into court or placed
be deposited in court. in the custody of the court, the plaintiff must so pay or place it before he
can be entitled to any order in the action.
Procedure at 631. At the hearing the court may-
the 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
sued in principals, or tenants to sue their landlords, for the purpose of compelling
interpleader. them to interplead with any 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 therein. costs by 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 is sued stakeholder in respect of the subject of such action, the court in which the
by defendant. action against the stakeholder is pending shall, on being duly informed by the
court which passed the decree in the interpleader action 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 order 635. When an action fails for want of jurisdiction in the court to entertain
for costs not with and determine the matter of the action on its merits, it shall, nevertheless,
standing want of be competent to the court to make such order on the parties for the
jurisdiction. payment of costs as to it shall seem just; and every such order for the
payment of costs is a decree for money within Chapter XX.
When want of jurisdiction 636. When the want of jurisdiction is caused by reason of the
caused by exclusive exclusive jurisdiction of any court or tribunal, the averment in the
jurisdiction of any court or plaint made in pursuance of section 45 shall be considered as
tribunal, averment of traversed, whether the defendant in his answer is silent in
jurisdiction in plaint is reference to it or not; and it shall be the duty of the court to
traversed. dismiss the action on this preliminary issue in bar at the earliest
[105,20 of 1977] stage of the action whereat, by the admission of the parties or
other evidence, it appears to the court that such court or tribunal
has exclusive jurisdiction.
Order of dismissal not 637. The order of court so dismissing the action shall adjudicate upon
reversed on appeal, the facts which found the jurisdiction of such court or tribunal and if
conclusive as to not appealed against, or if, in the event of an appeal, it is not reversed,
jurisdiction of other this order shall be conclusive evidence of jurisdiction on the same
court. claim being made before such court or tribunal.
[105,20 of 1977]

And 638 . Also the decision of any court or tribunal declining jurisdiction shall be
conversely. conclusive evidence against such jurisdiction in an action upon the same claim
[105,20 of 1977]
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 650.If a plaintiff or one of several plaintiffs in any action, either at the
before commencement thereof or at any subsequent period before judgment, shall, by way
judgment. 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 be 651. The defendant being arrested on such a warrant shall at once be
discharged on giving brought up before the court by which it was issued in custody of the
bail. otherwise Fiscal, unless he shall give reasonable security (form No. 101, First
committed to prison. Schedule) to the Fiscal to appear and answer the plaintiffs claim and to
abide by and perform the judgment of the court, or to surrender himself
 or be surrendered to be charged in execution for the same ; in which case
the Fiscal shall be 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 may 652 . The defendant may, instead of giving bail, as is hereinbefore directed,
deposit money with deposit with the Fiscal or in court the sum mentioned in the warrant, and
Fiscal instead of thereupon he shall be discharged from custody, and a minute of the same
giving bail. shall be made on the warrant; and the sum so deposited shall be applied in
satisfaction of the judgment should the same eventually pass 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
before judgment. subsequent 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 security 654. Before making the order for a warrant of arrest or mandate of
before such warrant of sequestration, the Judge shall require the plaintiff to enter into a bond
arrest or sequestration is (form No. 105, First Schedule), with or without sureties, in the
issued. discretion of the Judge, to the effect that the plaintiff will pay all costs
 that may be awarded and all damages which may be sustained by
reason of such arrest or sequestration, by the defendant or by any other
person in whose possession such property 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
sequestration. the manner hereinbefore provided for sequestration or seizure of property
preliminary to sale thereof in execution of a decree for money.
Manner of investigating 658. If any claim be preferred to the property sequestered before
any claim to property judgment, such claim shall be investigated in the manner hereinbefore
sequestered. provided for the investigation of claims to property seized in execution
of a decree for money.
Costs and damages 659. If upon any such investigation the court is satisfied that the property
where sequestration sequestered was not the property of the defendant, it shall pass an order
wrongful. releasing such property from seizure, and shall decree the plaintiff to pay
such costs and damages by reason of such 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
sequestration on to on the sequestration, of persons not parties to the action, nor bar any person
prior rights. holding a decree against the defendant from applying for the sale of the
property under sequestration in execution of such decree.
Subsequent seizure of 661 . Where property is under sequestration by virtue of the provisions
property under decree of this Chapter, and a decree is given in favour of the plaintiff, it shall
unnecessary. not be necessary to again seize the property as preliminary to sale or
delivery in execution of such decree.
CHAPTER XLVIII
OF INJUNCTIONS
When 662. Every application for an injunction for any of the purposes mentioned in
Injunction may section 54 of the Judicature Act, except in cases where an injunction is prayed for
be granted. 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 disobediance to 663. An injunction or an enjoining order injunction granted by court
injunction or enjoining on any such application or enjoining may, in case of disobediance be
order punished. enforced by punished the punished of the offender as for a contempt
[44,79 of 1988]
of court.
Application to be 664.
on notice to
opposite party. (1) The court shall before granting an injunction cause the petition
[45,79 of 1988]
of application for the same together with the accompanying
affidavit to be served 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
corporation, & public body or company is binding not only on the corporation, board, public
c. body, or company itself, but also on all members or officers of the corporation,
[46,79 of 1988]
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
aside or varied. be discharged, or varied or set aside by the court, on application made thereto, by
[47,79 of 1988]
any party dissatisfied with such order.
When court may 667. If it appears to the court that the injunction or enjoining order was
award applied for on insufficient grounds, or if, after the issue of an injunction or
compensation enjoining order which it has granted, the action is dismissed or judgment is
[48, 79 of 1988]
given against the applicant by default or 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 668. Any court may, on the application of any party to an action, order the sale
of perishable by any person named in such order, and in such manner and on such terms as it
property. thinks fit, of any 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 detention, 669. The court may, on the application of any party to an action, and on
preservation, or such terms as it thinks fit-
inspection of property.
(a) make an order for the detention, preservation, or
inspection and survey of any property being the subject of
such action ;
(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 to 670. Every application under either of the two preceding sections shall be
be made by way of made by petition in the way of summary procedure; and every party who is
summary procedure. sought to be affected by the order must be named a respondent in the
petition. Any such application may be made by a plaintiff after service of
summons, or by a defendant after he has appeared in the action.
CHAPTER L
OF THE APPOINTMENT OF RECEIVERS
When court 671. Whenever it appears to the court to be necessary for the restoration,
may appoint preservation, or better custody or management of any property, movable or
a receiver. 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
power over profits of the property by way of remuneration as the court thinks fit,
subject of and all such powers as to bringing and defending actions and for the
action or realization, management, protection, preservation, and improvement
sequestration.of the property, the 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
application. must be 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 security 673 . Every receiver aforesaid shall-
and pass accounts.
(a) give such security (if any) as the court thinks fit duly to
account for what he 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 remove, or 674 . The court may at any time, on sufficient cause shown
require fresh security. therefor, remove a receiver or require him to give fresh security.
Powers conferrable by the 675. Nothing in sections 671 and 673 authorizes or empowers the
court not to exceed those court to remove those from the possession or custody of property
of parties themselves. under sequestration any person whom the parties to the action or some
or one of them have or has not a present right so to remove.
 PART VI
OF SPECIAL PROCEEDINGS
CHAPTER LI
OF REFERENCE TO ARBITRATION
Matter in difference in 676 .
action may by consent
of parties be referred (1) If all the parties to an action desire that any matter in
to arbitration. difference between them in the action be referred to
arbitration, they may at any time before judgment is
pronounced apply, in person or by their respective registered
attorneys, specially authorized in writing in this behalf, to the
court for an order 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
of arbitrator. manner as may be agreed upon between them.
when court (4) If the parties cannot agree with respect to such nomination
may or if the person whom they nominate refuses to accept the
nominate arbitration, and the parties desire that the nomination shall be
arbitrator. made by the court, the court shall nominate the arbitrator.
The matter in 677.
difference to referred to
arbitrator b' order of (1) The court shall, by order, refer to the arbitrator the matter
court. in difference which he is required to determine, and shall fix
such time as it thinks reasonable for the delivery of the award
and specify such time in the order.
(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, & c, 679. If the arbitrator, or, where there are more arbitrators than one, any
court may appoint new of the arbitrators, or the umpire, dies, or refuses, or neglects, or becomes
arbitrator; or supersede incapable to act, or leaves Sri Lanka under circumstances showing that
arbitration. he will probably not return at an early date, the court may in its
discretion either appoint a new arbitrator or umpire in the place of the
person so dying, or refusing, or neglecting, or becoming incapable to act,
or leaving Sri Lanka, or make an order superseding the arbitration, and
in such case shall proceed with the action.
When court 680 . Where the arbitrators are empowered by the order of reference to appoint an
may appoint umpire and fail to do so, any of the parties may serve the arbitrators with a written
umpire. 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
appointed after shall have the like powers as if his name had been inserted in the order
reference. of reference.
Court to 682 .
issue
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
arbitrators to any other default, or refusing to give their evidence, or being guilty of
take any contempt to an arbitrator or umpire during the investigation of the
evidence. 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 683. If from the want of the necessary evidence or information, or from any other
time for cause, the arbitrators cannot complete the award within the period specified in the
award. 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 enter on the 684. When an has been umpire appointed, he the reference in
reference in lieu of arbitrators. may enter on the place of the arbitrators-

(a) if they have allowed the appointed time to expire

without making an award; or
(b) when they have delivered to the court or to the
umpire a notice in writing stating that they cannot
agree.
Award to be685. When an award in an action has been made, the persons who made it shall sign
filed in it and cause it to be filed in court, together with any depositions and documents
court. which have been taken and proved before them ; and notice of the filing shall be
given to the parties.
Award may 686. Upon any reference by an order of court the arbitrators or umpire may, with
be in form of the consent of the court, state the award as to the whole or any part thereof in the
special case. form of a 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
aside or correct award any party to the arbitration may by petition apply to the court to set
the award. aside the award, or to modify or to correct the award, or to remit the award to
the arbitrators for reconsideration, on grounds mentioned in the following
sections.
When court 688. The court may, by order, modify or correct an award-
may 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 689 . The court may also make such orders as it thinks fit respecting the costs of
make order as the arbitration, if any question arises respecting such costs and the award
to costs. contains no sufficient provision concerning them.
When court may remit 690 . The court may remit the award on any matter referred to
award for reconsideration, arbitration to the reconsideration of the same arbitrators or umpire,
upon such terms as it thinks fit-

(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 691 .
is void. When
award is not (1) An award remitted under section 690 becomes void on the
valid refusal of the arbitrators or umpire to reconsider it.
When may (2) No award shall be set aside except on one of the following
an award be grounds, namely :-
set 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 award. (1) If the court sees no cause to remit the award or any of the
matters referred 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 (2) Upon the Judgment so given a decree shall be framed, and shall
to be framed be enforced in manner provided in this Ordinance for the execution
thereon. of decrees.
(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 statement699.
of case for
decision of court. (1) Parties claiming to be interested in the decision of any question
of fact or 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
property is to be the refraining from doing, any particular act, the estimated value of the
stated therein . property to be delivered, or to which 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
agreement may contained, may for the determination of the question or questions thereby raised
be presented. be brought before the court 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
decree court is satisfied that the allegations of the petition are established, and is further of
thereon. 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
summary arising upon a bill of exchange, promissory note, or cheque, or instrument or
procedure on contract in writing for a liquidated amount of money, or on a guarantee where
liquid claims. the claim against the principal is in 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
except with leave. Without (1) In any case in which the plaint and summons are in such forms
such leave respectively, the defendant shall not appear or defend the action
decree at unless he obtains leave from the court as hereinafter mentioned so
once with to appear and defend ; and in default of his obtaining such leave
speedy or of appearance and defence in pursuance thereof, the plaintiff
execution. 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
plaint, and affidavit (1) The plaintiff who so sues and obtains such summons as
to be made. aforesaid must on presenting the plaint produce to the court the
instrument on which he sues, and he must make affidavit that
the sum which he claims is justly due to him 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 (3) The day to be inserted in the notice as the day for the
to be of defendant's appearance shall be as early a day as can be
short date. conveniently named, regard 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
defend may beto defend the action upon the defendant paying into court the sum mentioned in
granted. the summons, or upon 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 707. After decree the court may, under special circumstances, set aside the
may set aside decree, and if necessary stay or set aside execution, and may give leave to appear
decree, & c. to the summons and to 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
deposit of on which the action is founded to be forthwith deposited with an officer of the
instrument. court, and may further order 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 have the same remedies for the recovery of the expenses incurred in
incurred in noting the same for non-acceptance, or non-payment, or otherwise, by reason of
noting. such dishonour, as he has under this Chapter for the recovery of the amount of
such bill or note.
Saving 710. Except as provided in this Chapter, the procedure in actions under this Chapter
clause. shall be the same as the procedure in actions instituted under Chapter VII.
Special 711. In every court in which cases may be instituted under this Chapter, a special
trial roll to trial roll shall be kept of such cases in which issue has been joined. And it shall be
be kept. 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
withheld, & c. (1) An executor or administrator may present to the court from
which grant of 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
citation. (1) There shall be annexed to, or endorsed on, the citation an order
signed by 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
citation- shall be 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
obey
punished as a contempt of court.
citation.
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
answer. court is 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 715. In the absence of the affidavit last mentioned, either party may on any such
evidence, inquiry produce further evidence in like manner and with like effect as upon a trial.
Unless the person cited 716. Where it appears to the court, from the examination and other
gives security decree testimony, if any, that there is reason to suspect that money or other
awarding to possession property of the testator or intestate is withheld or concealed by the
to the petitioner. person cited, the court shall, unless the person cited gives security by a
bond entered into with the petitioner as obligee, with such sureties and
in such penalty as the court approves, for the payment of the money or
delivery of the property, or in default of such 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 return
inventory and (1) A creditor, or any person interested in the estate, may
accounts. present to the court in the action in which grant of probate or
administration issued, proof by 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
administrator may be preceding section may be discharged by the court upon his discharged
discharged from paying and delivering under oath all the from money and other property
commitment. of the testator or intestate, and all papers relating to the estate 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
creditor or which grant of probate or administration issued, may be presented to the court
legatee to compelwhich issued the same, praying for a decree directing an executor or
payment. administrator to pay the petitioner's claim, and 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 721. On the presentation of such petition the court shall issue a citation
issue. Hearing accordingly, and upon the return thereof shall make such decree in the premises as
and decree. justice requires. But in any 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
intermediate account at the court from which grant of probate or administration issued to him an
any time. intermediate account, and the vouchers in support of the same.
Court may compel executor724. The court may in any case at any time, and either upon the
to file intermediate account application of a creditor or party interested or of its own motion,
at any time. make an order requiring an executor or administrator to render an
intermediate account.
Procedure where executor 724A.
or administrator has failed
to file an account under (1) Any person interested in the estate may present to the
section 551. court proof by affidavit that an executor or administrator
[108,20 of 1977] has failed to file in court such account as is prescribed by
[6,14 of 1993]
section 553.
(2) The court shall thereupon, or of its own motion, if
satisfied that the executor or administrator is in default,
make order which shall be served on the delinquent,
requiring him to file such final account on a date to be
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 I8A 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 discharge to the 724B .
executor or administrator where
estate has been duly (1) Where an executor or administrator files with his
administered and distributed. final account a receipt and discharge in the form No.
(108, Law 20 of 1977] 119A in the First Schedule (subject to such variations
as circumstances may require) signed by the devisees,
legatees, trustees, heirs, creditors or other persons
entitled to or having an interest in the estate of the
deceased, establishing that the entire estate has been
duly administered and distributed, the court may
grant him a discharge and enter an order that the
estate has been fully administered..
(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 725 . In any of the following cases, and either upon the application of a party
settlement of mentioned in the next section or of its own motion, the court may from time to
account . 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 726.
apply 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 727 .
account.
(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
citation. persons 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 728.
may bring in
other parties. (1) Upon the return of any citation issued under any of the foregoing
sections 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
petition for judicial administration to an executor or administrator, he may present to the court
settlement of his which issued the same a petition, entitled as of the action in which such
account. Citation. grant issued to him, praying that his account may be 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 731. Any creditor or person interested in the estate, although not cited, is
citied may entitled to appear upon the hearing, and thus make himself a party to the
appear. special proceeding.
Executor, & c. 732. Any executor or administrator whose grant has been revoked or who is
whose grant has desirous of resigning his office may, in the same action, present to the court a
been revoked may petition praying that his account may be Judicially settled, and that his
petition. successor (if any) and the other persons 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
annexed to the accounting party, to the effect that the account contains, according to the best
accounts. of his 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 734. Upon every accounting by an executor or administrator, the accounting party
be produced, must 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 735. The court may at any time make an order requiring the accounting party to
party to be make and file his account, or to attend and be examined on oath or affirmation
examined. 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,
for property lost the court may allow the accounting party for property of the testator or
& c. intestate perished or lost without the fault of the accounting party.
Effect of 739. A judicial settlement under this Chapter, either by the decree of the District
judicial Court or upon an appeal therefrom, is conclusive evidence against all parties who
settlement. 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
distribution. (1) When an account is judicially settled under the provisions of
this Chapter, 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
delivered. (1) In either of the following cases the decree may direct the
delivery of unsold 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 742 . Where an admitted debt of the testator or intestate is not yet due, and the
may be creditor will not accept present payment with a rebate of interest, or where an
retained. 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 743. Where a legacy or distributive of share is payable to a person of unsound
person of mind or a minor, the decree may, in the discretion of the court, direct it to be paid
unsound mind to the manager or curator, as the case may be, of the estate of such person of
minor. 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 judicial settlement of accounts 745. A petition praying for the judicial settlement of
in cases of persons of unsound mind, the account of-
mentally deficient persons and minors.
[16, 53 of 1980]
(a) the manager of the estate of a person of
unsound mind or mentally the manager of
the estate of unsound mind deficient person;
(b) the guardian of the person of a person of
unsound mind or mentally deficient person;
(c) the curator of the estate of a minor;
(d) the guardian of the person of a minor;
(e) the next friend of a minor plaintiff;
(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
settlement of accounts in discharge from his duties and liabilities may be presented in like
case of persons of manner by any of the persons described under paragraphs (a), (b), (c),
unsound mind and (d), (e), and if) of the last preceding section, in any case where a
minors. petition for a judicial settlement of his account may be presented by
any other person as prescribed in the last section. The petition must
pray that every person who might have so 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 petitions 749. Every petition by which an application is made to a District
relating to persons of Court for the exercise of its powers over or in respect of persons of
unsound mind, mentally unsound mind, mentally deficient persons, minors or trustees, as the
deficient persons, minors, case may be, shall state expressly that the petitioner does not know
or trustees. of any person interested in the subject of the petition or in the person
[17,53 of 1980]
sought to be affected by the order prayed for in the petition, who is
likely to entertain any objection thereto, other than those who are
named as respondents in the petition.
Citations750. 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 751. All security bonds made under or in pursuance of the provisions of Chapters
bonds. 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
managers and manager of the estate of a person of unsound mind, or mentally deficient person,
curators. or the person appointed curator of a minor's estate, give security for the due
[18,53 of 1980] administration of the estate as it has in 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
revisions by for and examine the record of any case, whether already tried or pending trial, in
Appeal. any court, tribunal or other institution for the purpose of satisfying itself as to the
[49,79 of 1988]
legality or propriety of any 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
[109,20 of 1977]
pronounced , by any original court in any civil action, proceeding or
[50,79 of 1988]
matter to which he is a 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 of755 .
appeal.
[109,20 of
1977]
(1) Every notice of appeal shall be distinctly written on good and suitable
paper and shall be signed by the appellant or his registered attorney and
shall 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 756.
by bond and
with surety. (1) The security which is required to be deposited by a party
[12,14 of 1997]
appellant shall be made by way of deposit of a sum of money or
hypothecation of immovable property, to cover the costs of appeal
and to no greater amount:
Provided that where money is deposited as security, the same shall
be 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
application for (1) Every application for leave to appeal against an order of
leave to appeal. court made in the course of any civil action, proceeding or
[3,38 of 1998]
matter shall be made by petition duly stamped, addressed to the
Court of Appeal and signed by the party aggrieved or his
registered attorney. Such petition shall be supported by affidavit,
and 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.
758.

Language and (1) The petition of appeal shall be distinctly written upon good and suitable
form of appeal. 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 forth
not confined to by the appellant, but it shall not rest its decision on any ground not set forth by
grounds set the appellant, unless the respondent has had sufficient opportunity of being heard
forth by on that ground.
appellant.
Where 759.
petition to
be rejected. (1) If the petition of appeal is not drawn up in the manner in the last
 preceding section prescribed, it may be rejected, or be returned to the
appellant for the 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 1977] (2) In the case of any mistake, omission or defect on the part of any
appellant 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 several 760. Where there are more plaintiffs or more defendants than one in an
plaintiffs or defendants action, and the decree appealed against proceeds on any ground common
may appeal against to all the plaintiffs or to all the defendants, any one of the plaintiffs or of
whole decree. the defendants may appeal against the whole decree, and thereupon the
Court of Appeal may reverse or modify the decree in favour of all the
plaintiffs or defendants, as the case may be.
Death or 760A, Where at any time after the lodging of an appeal in any civil action,
change of proceeding or matter, the record becomes defective by reason of the death or
status of party change of status of a party to the appeal, the Court of Appeal may in the manner
to appeal. provided in the rules made by the Supreme Court for that purpose, determine
[113,20 of 1977]
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 execution of decree 761. No application for execution of an appealable decree
not to be entertained till expiry of shall be instituted or entertained until after the expiry of the
appealable time. time allowed for appealing therefrom:
[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 execution of 763.
decree pending appeal must
be on notice to debtor; and (1) In the case of an application being made by the
execution will only be judgment-creditor for execution of a decree which is
granted on security. appealed against, the judgment-debtor shall be made
respondent.
If, on any such application, an order is made for the
execution of a decree against which an appeal is
pending, the court which passed the decree shall, on
sufficient cause being shown by the appellant, require
security to be given for the restitution of any property
which may be taken in execution of the 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
favour of the Government has undertaken the defence of the action) from any public officer
State. sued in respect of an act 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
notwithstanding lapse petition of appeal from a decree of any original court, although the
of time. provisions of sections 754 and 755 have not 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 766. In every such petition of appeal as is the subject of the last section the judgment-
therefor, creditor shall be named respondent, and the petition shall be accompanied by a
certified copy of the decree or order appealed from, and of the judgment on which it is
based, as well as by 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 767. On any such petition being forwarded to the Court of Appeal the question
Court of whether or not it ought to be admitted shall be a preliminary question to be
Appeal determined forthwith on summary procedure, according to the provisions of
thereon. 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 768. When the petition of appeal has been preferred to the Court of Appeal in the
of appeal manner in section 755 prescribed or in the event of the petition of appeal being
[116,20 of
1977]
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
heard. (1) When the appeal comes on for hearing, the appellant shall be
heard in 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 1977] (2) If the appellant does not appear either in person or by an

attorney-at-law 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 770. If, at the hearing of the appeal, the respondent is not present and the court is
court to not satisfied upon the material in the record or upon other evidence that the notice
adjourn of appeal was duly served upon him or his registered attorney as hereinbefore
hearing. provided, or if it appears to the court at such hearing that any person who was a
[118,20 of 1977]
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
respondent to Judgment is given against him, he may apply to the Court of Appeal to rehear
object to decree. the appeal; and if he 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
hearing. (1) Any respondent, though he may not have appealed against any
part of the 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
dismiss the appeal, Appeal to affirm, reverse, correct or modify any judgment, decree, or
affirm, vary or set aside order, according to law, or to pass such judgment, decree or order therein
the decree or direct newbetween and as regards the parties, or to give such direction to the court
trial, & c. below, or to order a new trial or a further hearing upon such terms as the
[119,20 of 1977]
Court of Appeal shall think fit, or, if need be, to receive and admit new
evidence additional to, or supplementary of, the evidence already taken
in the court of first instance, touching the matters at issue in any original
cause, suit or action, as justice may require or to order a new or further
trial on the ground of discovery of fresh evidence subsequent to the trial.
Judgment 774.
of the 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 1977] (2) The judgment which shall be given or taken down in writing, shall
be 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 776 .
the 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
(a) the heading "In the Court of Appeal";
framed;
(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
of decree
up to the Court of Appeal (together with the petition of appeal and
proceedings
order thereon, if any, a copy of the judgment or judgments pronounced
to be
on appeal, and the decree of the Court of Appeal) shall be forthwith
returned to
returned to the court of first instance ; which shall conform to and
court of first
execute such decree in all particulars.
instance-
Execution of the 777 . When a party entitled to any benefit (by way of restitution or otherwise)
decree passed in under a decree passed in an appeal under this Chapter desires to obtain
appeal. execution of the same, he shall 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
procedure case special jurisdiction to take cognizance 01 contempt. and to punish summarily
of contempt. offences of contempt of 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
accused. the 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 issue 794. It shall be competent to the court simultaneously with issuing such
warrant simultaneously summons, or at any time after such summons has been issued, if it has
with summons, reason to believe that the attendance of the accused person at the time
appointed in the summons to answer the charge cannot 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
minute of facts court, either wholly or in part, by the personal observation of the Judge of the
observed by him. accused person's behaviour 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
court may ask any subsequent day to which the hearing may have been adjourned in
accused if he admits consequence of the previous non-attendance of the accused person, the court
truth of charge. shall commence the hearing by asking the accused person whether or not he
admits the truth of the charge; and if he does not admit the 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
sentence thereon. (1) If the accused person admits the charge, or if after taking the
evidence on 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
 court laid, it shall dismiss the charge, and shall make and record an
dismiss order to that effect.
charge.
Appeal to 798. An appeal shall lie to the Court of Appeal from every order, sentence, or
Court of conviction made by any court in the exercise of its special jurisdiction to take
Appeal. 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 carrying 799. Every sentence of fine or imprisonment passed by a court in
out sentence of court in exercise of its special jurisdiction to take cognizance of, and to punish by
case of conviction for way of summary procedure the offence of, contempt of court, and
contempt. offences by this Ordinance made punishable as contempt of court, shall
be carried into effect in the same manner and according to the same
procedure as is provided in the Code of Criminal Procedure Act for
carrying into effect sentences of fine or 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
imposed under 55 of the Judicature Act shall apply to the sentence of fine or imprisonment,
this Chapter. as the case may be, that may be imposed on conviction for contempt under
[20,53 of 1980]
this Chapter by the various courts.
Provisions for 801 . The following special provisions as to procedure in Small Claims Courts,
Small Claims shall be taken as limiting and controlling the general provisions hereinbefore
Courts. contained, but so far 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 802.
and 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
numbered. court in 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. cause of action.
What cause of 805. The plaintiff may unite in the same plaint two or more causes of action
action may be when they all 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 808. Upon such plaint or statement being filed as aforesaid the court shall, by a note
to 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
transmission of Court shall be signed by the Registrar of the court, and shall be transmitted to
summons. any Fiscal within Sri 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 808. Sections 59 to 71, (both inclusive) and Chapter XXIII of this Ordinance
of summons. shall apply to 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 deny
the claim. (1) At the place and on the date specified in the summons the
defendant shall 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
parties. the view of 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
reconvention. plaintiff shall be 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. admission on record and shall require the plaintiff to sign the same.
MISCELLANEOUS PROVISIONS RELATING TO PLEADINGS
Action founded upon 813 . For the purpose of setting forth a cause of action, or claim in
account or instrument reconvention founded upon an account or upon an instrument for the
for payment of payment of money only, it is sufficient for the party to deliver the
money. instrument, or a copy of the account, to the court, and to state that there is
due to him thereupon from the adverse party a specified sum which he
claims to recover or set off.
Immaterial 814. A variance between an allegation in a pleading and the proof shall be
variance to be disregarded as immaterial, unless such proof discloses a new cause of action,
disregarded. or the court is satisfied that 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
pleading. amendment of pleadings in the Small Claims Courts.
Consequence of 816. Where the defendant in any action neglects to interpose a claim in
neglect to plead reconvention consisting of a cause of action in his favour for a like cause,
claim in which might have been allowed to him at the trial of the action, he and
reconvention. every person deriving title thereto, through or from 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
section 818 does not following cases:-
apply.
(a) where the amount of the claim in reconvention exceeds the
monetary 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 in claim, the judgment must be in favour of the defendant; where it is less than
reconvention. the plaintiff's claim, the 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 819 .
case for
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 upon 821 . Upon granting an application for adjournment the court may
adjournment order. direct that any witness who is in attendance be then examined, and the
examination of witnesses. testimony of a witness so examined shall be recorded, and may be read
at the trial as the evidence of such witness.
OF DEFAULT OF APPEARANCE
Proceedings on 822.
default of
appearance of (1) If upon the date specified in the summons or any date to
plaintiff. which the filing of answer has been postponed under section 807,
or upon any date fixed for the 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.
(2) If upon the date specified in the summons, or any date to
which the filing of answer has been postponed under section 807,
or upon any date fixed for the 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.
(3) If the defendant shall within a reasonable time, after such
judgment or order, by affidavit or otherwise, satisfy the court that
he was prevented from appearing in due time by accident,
misfortune, or other unavoidable cause, or 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 (4) If upon the day specified in the summons or any day to which
party the filing of answer has been postponed under section 807, or
appears upon any day fixed for the hearing of the action, neither party
action to be appears when the case is called, the court shall enter judgment
dismissed. dismissing the plaintiffs action, but without costs.
Plaintiff (5) When an action has been dismissed under the provisions of
may be subsection (1) or subsection (4) of this section, and the plaintiff
granted has by affidavit or otherwise satisfied the court that he was
 permission prevented from appearing by accident, misfortune, or other
to institute a unavoidable cause, the court may with notice to the defendant
fresh action. 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
from section for default of appearance, notwithstanding anything to the
judgment bycontrary contained in the Judicature Act, No. 2 of 1978, or in this
default. Code.
Sections 84
to 88 not to
apply to (7) Sections 84 to 88 (both inclusive), shall not apply to the
Small proceedings in the Small Claims Courts.
Claims
Courts.
INTERROGATORIES
Sections 94 to 100 not to apply to 823. Sections 94 to 100, both inclusive, shall not apply to the
Small Claims Courts. proceedings in the Small Claims Courts.
OF THE ATTENDANCE OF WITNESSES
The attendance 824 . The process of the Small Claims Court for compelling the attendance of
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, exclusive of 825. The provisions of Chapter XVII of this Ordinance,
section 121, to apply to Small exclusive of section 121, shall apply to the proceedings in the
Claims Courts. 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
proceedings. parties, the evidence of the witnesses, and of all other proceedings had in the
action.
Extent of application of 828 . The provisions of Chapter XIX of this Ordinance shall, in so
Chapter XIX to Small far as they are not inconsistent with the provisions in this Chapter
Claims Courts. contained, apply to the Small Claims Courts.
Action by way of 829 .
summary
procedure on (1) In any action where the claim is for a debt or liquidated
liquid claims. demand in money arising upon a bill of exchange, promissory
note, or cheque, or instrument, or 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 (2) Except as provided in Chapter LIII of this Ordinance, the
clause. 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
provisions
affidavits by parties and action shall apply in respect of the
of section
making of affidavits in Small Claims Courts.
183 A.
OF THE JUDGMENT
Judgments 830. Judgments in Small Claims Courts shall be pronounced in open court, be
and decrees. reduced into 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 of 831. The provisions of Chapters LVIII, LIX, LX, LXI and LXII with
execution pending reference to appeals and the stay of execution pending appeal, shall, so far as
appeal. they are not inconsistent with the 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 833 .
costs 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
stamp duty. documents filed and produced, shall be exempt from stamp duty under the
provisions of the Stamp Duty Act, No. 42 of 1983.
CHAPTER LXVI
A PROCEDURE RELATING TO INQUIRIES INTO DISPUTES AFFECTING LAND
WHERE A BREACH OF THE PEACE IS THREATENED OR LIKELY
Reference of 833C.
disputes
affecting land. (1) Whenever owing to a dispute affecting land a breach of the
peace is 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 833D. At any time after proceedings are commended under Chapter it shall be lawful
this order.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 833E.
of orders.
(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
proceedings. section 833C on the same facts or substantially the same facts as constitute
such dispute.
Where proceedings 833G. Where proceedings have been, or are filed, in a court of competent
are filed in competent jurisdiction, or any competent tribunal involving the same dispute which is
court or tribunal. the subject-matter of proceedings under this Chapter, all proceedings
instituted under this Chapter shall then be terminated and no further action
taken.
Determination and order of 833H.
Judge of Small Claims
Court when dispute is in (1) Where the dispute relates to the possession of any
regard to possession. land or part thereof it shall be the duty of the Judge of the
Small Claims Court holding inquiry to determine on the
basis of the statement filed, and affidavits and documents
furnished as to which of the parties was in possession of
the land or the part thereof on the date of the filing of the
statement under section 833C, and 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 order 833J.
of Judge when dispute is
in regard to any other (1) Where the dispute relates to any right to any land or any
right. part of a land, other than the right to possession of such
land or part thereof, the Judge of the Small Claims Court
shall determine on the basis of the statement filed or
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
possession or directions as the Judge of the Small Claims Court thinks fit with regard to
exercise of any right the furnishing of security for the exercise of the right of possession of the
may be ordered. land or part thereof for the exercise of any right in such land or with regard
to the sale of any crop or produce, or the manner of exercise of any 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
party appears. appeared or 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 833M. In making a determination and order under this Chapter the Judge of the
which Judge Small Claims Court shall only take into consideration the statement filed and the
may act. 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,
contravention of, or an order made under this Chapter shall be guilty of an offence and shall
failure to comply with on conviction by the Judge of the Small Claims Court be liable to
order. imprisonment of either description for a term not exceeding six months or
to a fine not exceeding one thousand rupees or to both such imprisonment
and fine.
Order not to affect right 833P .
or interest which may be
established in competent (1) An order under this Chapter shall not affect or prejudice
court or tribunal. any right or interest in any land or part of a land which any
person may be able to establish before competent court or
tribunal and it shall be the duty of the Judge of the Small
Claims Court, who commences to hold an inquiry under
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
"dispute right to the possession of any land or part thereof and the buildings thereon or the
affecting boundaries thereof, as to the right to cultivate any land or part of a land, or as to
land". 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 orders 833R. The Fiscal shall, where necessary, execute all orders made under
of court. the provisions of this Chapter.