- CIVIL PROCEDURE CODE
- CHAPTER I PRELIMINARY
- PART I OF ACTIONS IN GENERAL
- CHAPTER II GENERAL PROVISIONS
- CHAPTER III OF THE COURT OF INSTITUTION OF ACTION
- CHAPTER IV OF PARTIES AND THEIR APPEARANCES, APPLICATIONS, ANDACTS
- CHAPTER V OF RECOGNIZED AGENTS AND ATTORNEYS-AT-LAW
- CHAPTER VI OF THE SCOPE AND SUBJECT OF ACTION
- CHAPTER VII OF THE MODE OF INSTITUTION OF ACTION
- CHAPTER VIII OF THE ISSUE AND SERVICE OF SUMMONS
- CHAPTER IX OF FILING ANSWER
- CHAPTER X OF THE REPLICATION AND FURTHER PLEADINGS
- CHAPTER XI OF FIXING DAY OF TRIAL
- CHAPTER XII OF THE CONSEQUENCES AND CURE (WHEN PERMISSIBLE) OF DEFAULT IN PLEADING OR APPEARING
- CHAPTER XIII OF MOTIONS
- CHAPTER XIV OF THE JOURNAL
- CHAPTER XV OF AMENDMENT
- CHAPTER XVI OF DISCOVERY, INSPECTION, PRODUCTION, IMPOUNDING, AND RETURN OF DOCUMENTS
- CHAPTER XVII OF WITNESSES AND DOCUMENTS
- CHAPTER XVIII OF ADJOURNMENTS
- CHAPTER XIX OF THE TRIAL
- CHAPTER XX JUDGMENT AND DECREE
- CHAPTER XXI OF COSTS
- CHAPTER XXII OF EXECUTIONS
- CHAPTER XXIII OF SERVICE OF PROCESS
- PART II OF SUMMARY PROCEDURE
- PART III INCIDENTAL PROCEEDINGS
- PART IVACTIONS IN PARTICULAR CASES
- CHAPTER XXXI ACTIONS BY OR AGAINST THE STATE, OR MINISTERS,DEPUTY MINISTERS, OR PUBLIC OFFICERS
- CHAPTER XXXIII ACTIONS BY AND AGAINST CORPORATIONS ANDCOMPANIES
- CHAPTER XXXIV ACTIONS BY AND AGAINST TRUSTEES, EXECUTORS, ANDADMINISTRATORS
- CHAPTER XXXV ACTIONS BY AND AGAINST MINORS AND PERSONS UNDER OTHER DISQUALIFICATION
- CHAPTER XXXVI ACTIONS BY AND AGAINST PERSONS IN THE NAVAL,MILITARY, OR AIR SERVICE
- CHAPTER XXXVI ACTIONS BY AND AGAINST PERSONS IN THE NAVAL,MILITARY, OR AIR SERVICE
- CHAPTER XXXVII ACTIONS OF ACCOUNT
- CHAPTER XXXVIII TESTAMENTARY ACTIONS
- CHAPTER XXXVIIIA INSOLVENT TESTAMENTARY ESTATES
- CHAPTER XXXVIIIB FOREIGN PROBATES
- CHAPTER XXXVIIIC GENERAL AND TRANSITIONAL PROVISIONS INTESTAMENTARY MATTERS
- CHAPTER XXXIXACTIONS RELATING TO PERSONS OF UNSOUND MIND
- CHAPTER XLACTIONS FOR THE APPOINTMENT OF GUARDIANS
- CHAPTER XLIACTIONS FOR APPOINTMENT AND REMOVAL OF TRUSTEES
- CHAPTER XLIIMATRIMONIAL ACTIONS
- CHAPTER XLIIIINTERPLEADER ACTIONS
- CHAPTER XLIVACTIONS WHICH FAIL FOR WANT OF JURISDICTION
- PART V PROVISIONAL REMEDIES
- PART VI OF SPECIAL PROCEEDINGS
- PART VII OF THE AIDING AND CONTROLLING OF EXECUTORS AND ADMINISTRATORS, AND THE JUDICIAL SETTLEMENT OF THEIR ACCOUNTS
- PART VIII OF APPEALS
- PART IX OF SUMMARY PROCEDURE IN RESPECT OF CONTEMPTS OF COURT
- PART X
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AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE PROCEDURE OF THE CIVIL COURTS.
Ordinance Nos, 12 of 1895 23 of 1901 12 of 1904 14 of 1907 31 of 1909 9 of 1917 39 of 1921 42 of 1921 21 of 1927 23 of 1927 25 of 1927 15 of 1930 26 of 1930 4 of 1940 18 of 1944 39 of 1945
Law Nos, 12 of 1973 44 of 1973 25 of 1975 19 of 1977 20 of 1977
Act Nos, 7 of 1949 43 of 1949 20 of 1954 48 of 1954 32 of 1957 49 of 1958 3 of 1960 24 of 1961 5 of 1964 23 of 1969 24 of 1969 53 of 1980 79 of 1988 2 of 1990 6 of 1990 9 of 1991 6 of 1993 14 of 1993 11 of 1995 12 of 1996 14 of 1997 38 of 1998 34 of 2000 20 of 2002 4 of 2005
[1st August , 1890 ]
CHAPTER I PRELIMINARY Short title.
1. This Ordinance may be cited as the Civil Procedure Code.
Where no provision is made special directions to be given by Court of Appeal.
Interpretation.
[2,20 of 1977]
[2,79 of 1988]
[2,20 of 1977]
[2,20 of 1977]
[2,20 of 1977]
[2,20 of 1977] [2,20 of 1977] [2,20 of 1977] decides the action or appeal; (An order rejecting a plaint is a decree within this definition.) "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; "Judge" means the presiding officer of a court and includes Judges of the Supreme Court and of the Court of Appeal, District Judges, Judges of Family Courts and Judges of Primary Courts; "judgment" means the statement given by the Judge of the grounds of a decree or order; "judgment-creditor" and " decree-holder " mean any person in whose favor a decree or order capable of execution has been made, and include any transferee of such decree or order; "judgment-debtor" means any person against whom a decree or order capable of execution has been made; "legal document" includes all processes, pleadings, petitions, affidavits, notices, motions and other documents, proceedings, and written communications; "order" means the formal expression of any decision of a civil court which is not a decree; "original court " includes District Courts, Family Courts and Primary Courts; "Public Trustee" means the Public Trustee of Sri Lanka appointed under the Public Trustee Ordinance and includes a Deputy Public Trustee or any other state officer generally or specially authorized by the Public Trustee to act on his behalf; "recognized agent" includes the persons designated under that name in section 25 and no others; " registered attorney " means an attorney-at-law appointed under Chapter V by a party or his recognized agent to act on his behalf; "Registrar" in relation to a court - includes an Additional, Deputy or Assistant Registrar; "signed" includes "marked" when the person making the mark is unable to write; "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 Action.
Procedure of an action.
Procedure of action to be ordinarily regular.
[2,53 of 1980]
Institution of actions: in what court.
When one of two or more courts may entertain an action.
Of application for withdrawal and transfer of action.
[3,20 1977]
OF ACTIONS IN GENERAL
CHAPTER II
GENERAL PROVISIONS 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 8. Save and except actions in which it is by this Ordinance or any other law specially
provided that proceedings may be taken by way of summary procedure, every action shall commence and proceed by a course of regular procedure, as hereinafter prescribed.
CHAPTER III OF THE COURT OF INSTITUTION OF ACTION
9. Subject to the pecuniary or other limitations prescribed by any law, action shall be instituted in the court within the local limits of whose jurisdiction When it is alleged to be uncertain within the local limits of the jurisdiction of which of two or more courts any immovable property is situate, any one of those courts may, if satisfied that there is ground for the alleged uncertainty, 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.
10. Any of the parties to an action which is pending in any original court may, before trial, and after notice in writing to the other parties of his intention so to do, apply to the Court of Appeal by motion, which shall be 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; Stamp duty.
Plaintiffs.
Where joint tenants or tenants in common.
Substituted and added plaintiffs.
Defendants.
Substitution where person against whom a right to any relief is alleged to exist dies and the right to sue for relief survives.
[2,6 of 1990] 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. In no case in which any action is so transferred as aforesaid from one court to another shall any stamp fee be leviable in the court to which the action is transferred on any pleading or exhibit on which the proper stamp fee has been paid in the court from which the action is so transferred.
CHAPTER IV
OF PARTIES AND THEIR APPEARANCES, APPLICATIONS, AND ACTS found to be liable, according to their respective liabilities, without any amendment. 14A.
(1) Where a person against whom the right to any relief is alleged to exist is dead and the right to sue for such relief survives, the person in whom such right is alleged 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: 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. Who may be 15. The plaintiff may, at his option, join as parties to the same action all or any of the joined as parties defendant.
Where numerous parties, one may sure or defend for all. Notice.
Misjoinder not to defeat action.
Parties improperly joined may be struck out.
Intervention not otherwise allowed.
Except in under section 16.
Conduct of the action. Amendment of plaint.
Objections for non-joinder or misjoinder to be taken before hearing.
persons severally, or jointly and severally, liable on any one contract, including parties to bills of exchange and promissory notes.
16. Where there are numerous parties having a common interest in bringing or defending an
action, one or more of such parties may, with the permission of the defend for all. court, sue or be sued, or may defend 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.
17. No action shall be defeated by reason of the misjoinder or non-joinder of 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.
18.
Addition of (1) The court may on or before the hearing, upon the application of either
parties. party, and on such terms as the court thinks just, order that the name of any party, whether as plaintiff or as defendant improperly joined, be struck out; and the court may at any time, either upon or without such application, and on such terms as the court thinks just, order that any plaintiff be made a defendant, or that any defendant be made a plaintiff, and that the name of any person who ought to have been joined, whether as plaintiff or defendant, or whose presence before the court may be necessary in order to enable the court effectually and completely to adjudicate upon and settle all the questions involved in that action, be added.
(2) Every order for such amendment or for alteration of parties shall state the facts and reasons which together form the ground on which the order is made. And in the case of a party being added, the added party or parties shall be named, with the designation " added party ", in all pleadings or processes or papers entitled in the action and made after the date of the order. possible opportunity, and in all cases before the hearing. And any such objection not so taken shall be deemed to have been waived by the defendant.
CIVIL PROCEDURE CODE