This document provides definitions and interpretations for terms used in the Civil Procedure Code of Sri Lanka. It also outlines sections related to the initiation and conduct of civil actions, including:
1. Actions may be initiated through regular or summary procedures, with regular procedures requiring the defendant to formally respond before questions of fact are considered, while summary procedures allow for immediate orders or hearings.
2. Actions are generally initiated through regular procedures, with exceptions for certain specified actions.
3. Actions are commenced by filing a plaint with the relevant civil court. The plaint must contain certain requisite information about the claim and parties.
4. Issues related to parties, such as joinder, substitution, objections and representation are addressed
The document discusses pre-trial procedures and pleadings in civil suits. It covers several key topics:
1. Effective pre-trial procedures like taking instructions from clients can help manage cases by preventing delays and encouraging settlements. Ineffective procedures can lead to court congestion and denial of justice.
2. There are requirements for pleadings like the plaint stating circumstances constituting each cause of action. A court may refuse a plaint if these requirements are not met.
3. Jurisdiction of courts is determined by factors such as where defendants reside, where land is located, or where causes of action arose. There are also pecuniary and other limitations of different courts.
This document discusses the Roman-Dutch law of partition and the statutory provisions that have replaced it in Sri Lanka over time. It covers topics such as the nature and goals of partition actions, the need to expedite partition cases, legal representation requirements, and various procedural aspects of partition suits under the current Partition Law No. 21 of 1977. The document provides historical context on the evolution of partition laws in Sri Lanka from English ordinances introduced in the 19th century to the present statutory framework, which is ultimately derived from Roman law principles of dividing commonly held property.
Preliminary decree for partition (article)arjun randhir
1. A preliminary decree in a partition suit only decides the rights and shares of the parties. Equities are adjusted in the final decree after considering a tentative partition scheme.
2. For agricultural lands assessed to revenue, the civil court only declares parties' shares and the authority concerned effects the actual partition by boundaries.
3. Where a preliminary decree relates to agricultural land, the court directs partition to be made by the Collector according to the rights declared and provisions of Section 54 of the Code of Civil Procedure.
The document discusses various types of jurisdiction of courts in Pakistan. It explains that civil courts have the jurisdiction to try all civil suits unless expressly barred. It classifies jurisdiction into four types - subject matter jurisdiction, pecuniary jurisdiction, territorial jurisdiction, and personal jurisdiction. It provides details on each type of jurisdiction and the rules regulating them. The document also discusses various absolute bars, conditional bars, and special bars upon the jurisdiction of civil courts in Pakistan.
CIVIL PROCEDURE - A POWER POINT PRESENTATION- BY A W A SALAMawasalam
This document discusses various aspects of civil procedure in Sri Lanka, including pre-trial steps, jurisdiction of courts, service of summons, amendments to pleadings, and postponement of trials. It provides details on cases that have helped establish principles related to these topics of civil procedure. The document is intended as a guide or reference material on the conduct of civil trials and pre-trial processes in Sri Lanka.
Ouster clauses and jurisdiction of civil courtsAnuja Aiyappan
The aim of the ppt is to understand what ouster clauses and jurisdiction of civil courts implies with respect to the Code of Civil Procedure applicable in and to do a study of the different provisions under the corresponding statutes.
This document provides an overview of civil procedure code execution in India. It defines execution as enforcing or giving effect to a court judgment or order to enable the decree-holder to realize the fruits of the decree. Sections 36-74 and Order 21 deal with substantive and procedural execution law. The court that passed the decree primarily executes it, but it can send it to another court for execution under Section 39. The executing court has the same powers as the court that passed the decree. An execution application is required to commence proceedings, with proper notice given to the judgment-debtor. Various modes of execution are available under Section 51, including delivery of property, attachment and sale, and arrest and detention. Sections 60 and Rules 64-94
1) Enforcing foreign arbitral awards in India can involve delays, as the court must first determine that the award is valid and enforceable before deeming it a decree. This requires separate legal proceedings.
2) Once deemed a decree, the award can then be executed according to civil procedure code, which allows many opportunities for delays through notices, objections, and stays.
3) The author argues that arbitration is meant to provide speedy dispute resolution, but execution according to the civil procedure code can take decades and defeat this purpose. Simpler and stricter penal consequences for non-compliance could help ensure awards are enforced in a timely manner.
The document discusses pre-trial procedures and pleadings in civil suits. It covers several key topics:
1. Effective pre-trial procedures like taking instructions from clients can help manage cases by preventing delays and encouraging settlements. Ineffective procedures can lead to court congestion and denial of justice.
2. There are requirements for pleadings like the plaint stating circumstances constituting each cause of action. A court may refuse a plaint if these requirements are not met.
3. Jurisdiction of courts is determined by factors such as where defendants reside, where land is located, or where causes of action arose. There are also pecuniary and other limitations of different courts.
This document discusses the Roman-Dutch law of partition and the statutory provisions that have replaced it in Sri Lanka over time. It covers topics such as the nature and goals of partition actions, the need to expedite partition cases, legal representation requirements, and various procedural aspects of partition suits under the current Partition Law No. 21 of 1977. The document provides historical context on the evolution of partition laws in Sri Lanka from English ordinances introduced in the 19th century to the present statutory framework, which is ultimately derived from Roman law principles of dividing commonly held property.
Preliminary decree for partition (article)arjun randhir
1. A preliminary decree in a partition suit only decides the rights and shares of the parties. Equities are adjusted in the final decree after considering a tentative partition scheme.
2. For agricultural lands assessed to revenue, the civil court only declares parties' shares and the authority concerned effects the actual partition by boundaries.
3. Where a preliminary decree relates to agricultural land, the court directs partition to be made by the Collector according to the rights declared and provisions of Section 54 of the Code of Civil Procedure.
The document discusses various types of jurisdiction of courts in Pakistan. It explains that civil courts have the jurisdiction to try all civil suits unless expressly barred. It classifies jurisdiction into four types - subject matter jurisdiction, pecuniary jurisdiction, territorial jurisdiction, and personal jurisdiction. It provides details on each type of jurisdiction and the rules regulating them. The document also discusses various absolute bars, conditional bars, and special bars upon the jurisdiction of civil courts in Pakistan.
CIVIL PROCEDURE - A POWER POINT PRESENTATION- BY A W A SALAMawasalam
This document discusses various aspects of civil procedure in Sri Lanka, including pre-trial steps, jurisdiction of courts, service of summons, amendments to pleadings, and postponement of trials. It provides details on cases that have helped establish principles related to these topics of civil procedure. The document is intended as a guide or reference material on the conduct of civil trials and pre-trial processes in Sri Lanka.
Ouster clauses and jurisdiction of civil courtsAnuja Aiyappan
The aim of the ppt is to understand what ouster clauses and jurisdiction of civil courts implies with respect to the Code of Civil Procedure applicable in and to do a study of the different provisions under the corresponding statutes.
This document provides an overview of civil procedure code execution in India. It defines execution as enforcing or giving effect to a court judgment or order to enable the decree-holder to realize the fruits of the decree. Sections 36-74 and Order 21 deal with substantive and procedural execution law. The court that passed the decree primarily executes it, but it can send it to another court for execution under Section 39. The executing court has the same powers as the court that passed the decree. An execution application is required to commence proceedings, with proper notice given to the judgment-debtor. Various modes of execution are available under Section 51, including delivery of property, attachment and sale, and arrest and detention. Sections 60 and Rules 64-94
1) Enforcing foreign arbitral awards in India can involve delays, as the court must first determine that the award is valid and enforceable before deeming it a decree. This requires separate legal proceedings.
2) Once deemed a decree, the award can then be executed according to civil procedure code, which allows many opportunities for delays through notices, objections, and stays.
3) The author argues that arbitration is meant to provide speedy dispute resolution, but execution according to the civil procedure code can take decades and defeat this purpose. Simpler and stricter penal consequences for non-compliance could help ensure awards are enforced in a timely manner.
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
This document provides an overview of civil procedure in Tanzania. It begins by listing recommended textbooks on the topic. It then discusses the functions of civil procedure, noting that it helps resolve arguments and ensures rights can be obtained through procedural rules.
The document outlines the main parts of the Civil Procedure Code of Tanzania. It also discusses how the code should be interpreted, noting procedures must facilitate justice.
Key concepts of civil procedure discussed include preliminaries to litigation like letter of demand, jurisdiction types like territorial and pecuniary, parties to a suit, res judicata, and joinder of parties. The document provides examples and case citations for many of these concepts.
This document discusses ex-parte proceedings and the procedure for setting aside ex-parte orders and decrees. It begins with introducing key concepts like natural justice, remedies for wrongs, and provisions in the Code of Civil Procedure regarding party appearance and non-appearance. It then defines key terms like suit, pleadings, summons, ex-parte, and decree. It discusses the objectives of pleadings and distinguishes between decrees and orders. Finally, it covers appearance and non-appearance of parties, noting that appearance can be made in person or through a representative and is necessary to submit to the court's jurisdiction.
Civil procedure code, 1908 { place of institution of suits }ShahMuhammad55
1. The document discusses where civil suits should be filed in court based on factors like where the subject matter is located, where the cause of action occurred, the nature of the subject matter, and the court's territorial jurisdiction.
2. For suits related to immovable property, section 16 specifies that the suit must be filed in the court within whose local jurisdiction the property is situated. Suits for compensation of wrongs to a person or movable property can be filed where the cause of action arose or where the defendant resides under section 19.
3. Any objections to the court's jurisdiction must be raised at the preliminary stage of trial, before the issues are framed. A higher court can transfer a suit that may
Flow Chart on Enforcement of Foreign Arbitration Awards in ChinaRHKLegal
The document outlines the process for recognizing and enforcing foreign arbitration awards in China. It involves an application being filed with the intermediate court where the respondent resides. The intermediate court will hold a hearing and decide whether to recognize and enforce the award. If it decides not to recognize the award, it reports to the high court. The high court can then agree to recognize the award or report to the supreme court. The supreme court makes the final decision about whether to recognize and enforce the foreign arbitration award.
Decree and Order: The Code of Civil Procedure, 1908 by Mahamud Wazed,Mahamud Wazed (Wazii)
1. A decree is the final decision of a court regarding the rights of parties in a civil suit. It must be a conclusive determination expressed formally by the court.
2. There can be preliminary and final decrees. A preliminary decree requires further steps before fully disposing of the suit, while a final decree settles all issues.
3. Rejection of a plaint or determinations under section 144 are considered decrees. Dismissals for default are considered orders rather than decrees.
This document discusses several cases related to prescription among co-owners of land. It summarizes the key principles from the leading case of Corea v. Iseris Appuhamy, including that long continued exclusive possession by one co-owner is not necessarily adverse to the other co-owners. It then discusses the facts of the current case, in which the defendants claim the land was amicably divided over 60 years ago and has since been separately possessed, while the plaintiffs claim it remains jointly owned and seek partition. The trial judge found for the defendants, dismissing the action on the basis that the land was no longer commonly owned due to long term separate possession. The appeal considers whether this finding was correct.
This document summarizes criminal and civil court procedures in India. It outlines the different types of criminal and civil courts, their jurisdictions, and powers. It also describes the key aspects of criminal procedure like FIR, investigation, arrest, and appeal. For civil procedures, it discusses topics like parties in a civil suit, notices, injunctions, judgments, appeals, and writ petitions that can be filed in high courts and the supreme court. It also provides an overview of government advocates and their roles in conducting government cases.
This document summarizes key aspects of appeals under the Code of Civil Procedure (CPC) in India. It notes that:
1) The CPC does not define "appeal" but it is generally understood to be an application to a higher court asking to reverse a lower court's decision.
2) Section 96 of the CPC governs appeals from decrees of courts exercising original jurisdiction, except for appeals from High Court original side decrees which are governed by Letters Patent.
3) An appeal is allowed against any decree from a court of original jurisdiction, including ex-parte decrees, but not consent decrees. No appeal is allowed for petty cases unless a question of law arises.
Appeals under Code of Civil Procedure India, 1908Shantanu Basu
This document provides an overview of appeals in the Code of Civil Procedure, 1908 in India. It discusses the definition of an appeal, the procedure for first appeals and second appeals to higher courts under the CPC. It explains what constitutes a "substantial question of law" for purposes of a second appeal. It also discusses limitations on the powers of appellate courts, such as that the High Court cannot interfere with factual findings of the lower courts. The document classifies what types of issues would and would not constitute a "substantial question of law."
Challenge of an Arbitral Award - Impartiality of an Arbitrator and Improper C...Law Senate
This article discusses a specific ground, improper constitution of the arbitral tribunal, for challenge of an arbitral award in the Courts of the Lex Arbitri.
This document provides an overview of key sections of the Code of Civil Procedure. It summarizes the classes of civil courts in Bangladesh, defines important terms like decree and judgement debtor, and outlines sections related to jurisdiction of courts, res judicata, appeals, revisions, and execution of decrees. Specifically, it notes there are 5 classes of civil courts, defines elements of a decree, discusses limitations to filing execution within 12 years, and explains appellate courts have power to determine cases finally or remand them for trial.
Presentation post Arbitral Award delays in IndiaAsha Saxena
Obtaining an Arbitral Award in one's favour seems like the culmination of all efforts but there is Part II: Its enforcement in another country. e.g. India. This is mired in further legal debate of its genuiness and enforceability.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
These slides contain the introduction of the Civil Procedure Code and other important Sections, Orders and Rules. Associate and beginners of the law need knowhow about CPC and procedures of the courts.
Civil Procedure Code, 1908,
a Universal Doctrine, applied in civil proceedings.
Shah Muhammad
Lecturer,
University Law College Quetta Khojjak Road Quetta
Cantt
Master Contract For Legal Representation Of Eligible Indigents This Contractlegal2
This document is a master contract between the North County Defense Team (Contractor) and the Superior Court and County of Santa Barbara. It outlines the duties, staffing requirements, fiscal management, and monitoring/evaluation terms for the Contractor to provide legal representation and defense services for indigent individuals in criminal and juvenile cases. Key details include annual payment amounts to the Contractor, requirements for case documentation and reporting, processes for requesting additional funds in extraordinary circumstances, and definitions of case types covered.
This document provides the text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908) of India. Some key points:
- It consolidates and amends the laws relating to civil court procedure in India.
- It is divided into XI Parts covering preliminary matters, suits in general, execution, appeals and references.
- It defines important terms like "decree", "judgment", "pleader" and "public officer".
- It establishes the hierarchy of civil courts in India and that district courts are subordinate to high courts.
- It contains general provisions on court jurisdiction, cases of res judicata and stay of suits.
This document is a listing agreement between an issuer (company) and the National Stock Exchange of India detailing the requirements for listing securities on the exchange. The issuer agrees to comply with all applicable laws and regulations governing the issuance and listing of securities. It will pay all listing fees as specified by the exchange. The continued listing of the issuer's securities is subject to the exchange's rules and discretion. The agreement replaces any previous listing agreement.
Enforceability of foreign_judgments_and_foreign_awardsLegalServicesDelhi
With the advent of globalisation and with India poised as a major international and
global player in the world economy, it is apposite to consider the law concerning
enforcement of foreign judgments in India. In law, the enforcement of foreign
judgments is the recognition and enforcement rendered in another ("foreign")
jurisdiction. Foreign judgments may be recognized based on bilateral or multilateral
treaties or understandings, or unilaterally without an express international
agreement. The "recognition" of a foreign judgment occurs when the court of one
country or jurisdiction accepts a judicial decision made by the courts of another
"foreign" country or jurisdiction, and issues a judgment in substantially identical
terms without rehearing the substance of the original lawsuit.
This document provides an overview of civil procedure in Tanzania. It begins by listing recommended textbooks on the topic. It then discusses the functions of civil procedure, noting that it helps resolve arguments and ensures rights can be obtained through procedural rules.
The document outlines the main parts of the Civil Procedure Code of Tanzania. It also discusses how the code should be interpreted, noting procedures must facilitate justice.
Key concepts of civil procedure discussed include preliminaries to litigation like letter of demand, jurisdiction types like territorial and pecuniary, parties to a suit, res judicata, and joinder of parties. The document provides examples and case citations for many of these concepts.
This document discusses ex-parte proceedings and the procedure for setting aside ex-parte orders and decrees. It begins with introducing key concepts like natural justice, remedies for wrongs, and provisions in the Code of Civil Procedure regarding party appearance and non-appearance. It then defines key terms like suit, pleadings, summons, ex-parte, and decree. It discusses the objectives of pleadings and distinguishes between decrees and orders. Finally, it covers appearance and non-appearance of parties, noting that appearance can be made in person or through a representative and is necessary to submit to the court's jurisdiction.
Civil procedure code, 1908 { place of institution of suits }ShahMuhammad55
1. The document discusses where civil suits should be filed in court based on factors like where the subject matter is located, where the cause of action occurred, the nature of the subject matter, and the court's territorial jurisdiction.
2. For suits related to immovable property, section 16 specifies that the suit must be filed in the court within whose local jurisdiction the property is situated. Suits for compensation of wrongs to a person or movable property can be filed where the cause of action arose or where the defendant resides under section 19.
3. Any objections to the court's jurisdiction must be raised at the preliminary stage of trial, before the issues are framed. A higher court can transfer a suit that may
Flow Chart on Enforcement of Foreign Arbitration Awards in ChinaRHKLegal
The document outlines the process for recognizing and enforcing foreign arbitration awards in China. It involves an application being filed with the intermediate court where the respondent resides. The intermediate court will hold a hearing and decide whether to recognize and enforce the award. If it decides not to recognize the award, it reports to the high court. The high court can then agree to recognize the award or report to the supreme court. The supreme court makes the final decision about whether to recognize and enforce the foreign arbitration award.
Decree and Order: The Code of Civil Procedure, 1908 by Mahamud Wazed,Mahamud Wazed (Wazii)
1. A decree is the final decision of a court regarding the rights of parties in a civil suit. It must be a conclusive determination expressed formally by the court.
2. There can be preliminary and final decrees. A preliminary decree requires further steps before fully disposing of the suit, while a final decree settles all issues.
3. Rejection of a plaint or determinations under section 144 are considered decrees. Dismissals for default are considered orders rather than decrees.
This document discusses several cases related to prescription among co-owners of land. It summarizes the key principles from the leading case of Corea v. Iseris Appuhamy, including that long continued exclusive possession by one co-owner is not necessarily adverse to the other co-owners. It then discusses the facts of the current case, in which the defendants claim the land was amicably divided over 60 years ago and has since been separately possessed, while the plaintiffs claim it remains jointly owned and seek partition. The trial judge found for the defendants, dismissing the action on the basis that the land was no longer commonly owned due to long term separate possession. The appeal considers whether this finding was correct.
This document summarizes criminal and civil court procedures in India. It outlines the different types of criminal and civil courts, their jurisdictions, and powers. It also describes the key aspects of criminal procedure like FIR, investigation, arrest, and appeal. For civil procedures, it discusses topics like parties in a civil suit, notices, injunctions, judgments, appeals, and writ petitions that can be filed in high courts and the supreme court. It also provides an overview of government advocates and their roles in conducting government cases.
This document summarizes key aspects of appeals under the Code of Civil Procedure (CPC) in India. It notes that:
1) The CPC does not define "appeal" but it is generally understood to be an application to a higher court asking to reverse a lower court's decision.
2) Section 96 of the CPC governs appeals from decrees of courts exercising original jurisdiction, except for appeals from High Court original side decrees which are governed by Letters Patent.
3) An appeal is allowed against any decree from a court of original jurisdiction, including ex-parte decrees, but not consent decrees. No appeal is allowed for petty cases unless a question of law arises.
Appeals under Code of Civil Procedure India, 1908Shantanu Basu
This document provides an overview of appeals in the Code of Civil Procedure, 1908 in India. It discusses the definition of an appeal, the procedure for first appeals and second appeals to higher courts under the CPC. It explains what constitutes a "substantial question of law" for purposes of a second appeal. It also discusses limitations on the powers of appellate courts, such as that the High Court cannot interfere with factual findings of the lower courts. The document classifies what types of issues would and would not constitute a "substantial question of law."
Challenge of an Arbitral Award - Impartiality of an Arbitrator and Improper C...Law Senate
This article discusses a specific ground, improper constitution of the arbitral tribunal, for challenge of an arbitral award in the Courts of the Lex Arbitri.
This document provides an overview of key sections of the Code of Civil Procedure. It summarizes the classes of civil courts in Bangladesh, defines important terms like decree and judgement debtor, and outlines sections related to jurisdiction of courts, res judicata, appeals, revisions, and execution of decrees. Specifically, it notes there are 5 classes of civil courts, defines elements of a decree, discusses limitations to filing execution within 12 years, and explains appellate courts have power to determine cases finally or remand them for trial.
Presentation post Arbitral Award delays in IndiaAsha Saxena
Obtaining an Arbitral Award in one's favour seems like the culmination of all efforts but there is Part II: Its enforcement in another country. e.g. India. This is mired in further legal debate of its genuiness and enforceability.
This explain object of Indian Limitation Act 1963. It define limitation. Explains how limitation is computed, what is effect of death, acknowledgement and prescription.
These slides contain the introduction of the Civil Procedure Code and other important Sections, Orders and Rules. Associate and beginners of the law need knowhow about CPC and procedures of the courts.
Civil Procedure Code, 1908,
a Universal Doctrine, applied in civil proceedings.
Shah Muhammad
Lecturer,
University Law College Quetta Khojjak Road Quetta
Cantt
Master Contract For Legal Representation Of Eligible Indigents This Contractlegal2
This document is a master contract between the North County Defense Team (Contractor) and the Superior Court and County of Santa Barbara. It outlines the duties, staffing requirements, fiscal management, and monitoring/evaluation terms for the Contractor to provide legal representation and defense services for indigent individuals in criminal and juvenile cases. Key details include annual payment amounts to the Contractor, requirements for case documentation and reporting, processes for requesting additional funds in extraordinary circumstances, and definitions of case types covered.
This document provides the text of the Code of Civil Procedure, 1908 (Act No. 5 of 1908) of India. Some key points:
- It consolidates and amends the laws relating to civil court procedure in India.
- It is divided into XI Parts covering preliminary matters, suits in general, execution, appeals and references.
- It defines important terms like "decree", "judgment", "pleader" and "public officer".
- It establishes the hierarchy of civil courts in India and that district courts are subordinate to high courts.
- It contains general provisions on court jurisdiction, cases of res judicata and stay of suits.
This document is a listing agreement between an issuer (company) and the National Stock Exchange of India detailing the requirements for listing securities on the exchange. The issuer agrees to comply with all applicable laws and regulations governing the issuance and listing of securities. It will pay all listing fees as specified by the exchange. The continued listing of the issuer's securities is subject to the exchange's rules and discretion. The agreement replaces any previous listing agreement.
This document contains the Civil Procedure Code of 1908 which establishes the rules and procedures for civil litigation in India. Some key points:
- The Code applies to the whole of India except Jammu and Kashmir, Nagaland, and certain tribal areas. State governments can extend its provisions to excluded areas.
- It establishes the hierarchy of civil courts with District Courts subordinate to High Courts.
- Various terms are defined including "decree", "judgment", and "pleader".
- The Code establishes the jurisdiction and powers of civil courts to try all civil suits, subject to certain express or implied exceptions. Courts have jurisdiction to try suits involving rights to property or office.
This document provides an introduction and table of contents to a research paper on the right to bail in capital offenses in Kenya. The introduction provides background on bail and discusses how the 2010 Kenyan Constitution established the right to bail for all arrested persons, even those accused of capital crimes. This raises issues around balancing individual rights and public safety. The document outlines the research problem, questions, objectives, justification and methodology. It also provides a literature review and chapter breakdown. In summary, the document frames a study of how Kenya can balance the right to bail in serious crimes with protecting public interests, in light of the new constitutional rights.
National Company Law Appellate Tribunal Rules, 2016GAURAV KR SHARMA
The document outlines rules related to the National Company Law Tribunal in India. It begins by providing definitions for key terms related to tribunal procedures. It then outlines rules regarding sitting hours, filing documents, the roles of the President, Registrar and Secretary of the tribunal, and procedures for instituting proceedings, petitions, appeals and more. In summary:
1) It defines terms related to tribunal procedures and outlines rules for sitting hours, filing documents, and instituting proceedings.
2) It describes the functions of the President, Registrar and Secretary, including the President overseeing operations and the Registrar handling registrations and applications.
3) It provides details on how to file appeals,
National Company Law Appellate Tribunal Rules, 2016Rajiv Bajaj
The document outlines rules related to the National Company Law Tribunal in India. It begins by providing definitions for key terms related to tribunal procedures. It then outlines rules regarding sitting hours, filing documents, the roles of the President, Registrar and Secretary of the tribunal, and procedures for instituting proceedings, petitions, appeals and more. In summary:
1) It defines terms related to tribunal procedures and outlines rules on timing, formatting filings, and the roles of tribunal leadership.
2) It provides details on instituting proceedings, the format for petitions and appeals, and requirements for addresses for service.
3) The document aims to establish a framework for administrative and procedural rules to govern operations
This document provides an introduction and overview of key concepts related to the Code of Civil Procedure in India. It defines important legal terms like decree, order, decree holder, judgment, jurisdiction. A decree is the formal expression of an adjudication that conclusively determines the rights of parties in a suit. There are different types of decrees - preliminary, final, and partly preliminary/final. Jurisdiction refers to the power of a court to hear and decide cases and can be original, appellate, over subject matter, local, or pecuniary. The document is intended as a learning module for law students.
This document outlines new practice directions for Magistrates' Courts in Ekiti State, Nigeria dealing with small claims. It was issued by the Chief Judge of Ekiti State. The directions establish a streamlined process for small claims cases, including filing requirements, service of documents, settlement procedures, and timelines for hearings. Standard forms are also provided for small claims complaints, summons, admissions of service, and other documents needed for the process.
This document provides an overview of the Administrative Decisions (Judicial Review) Act 1977 which relates to the review on questions of law of certain administrative decisions. It defines key terms, outlines what decisions can be subject to judicial review, and specifies the grounds on which a person aggrieved by a decision can apply to the Federal Court or Federal Magistrates Court for an order of review. It also addresses related matters such as applications, obtaining reasons for decisions, and the powers and jurisdiction of the courts in respect of such applications.
This document is the Stamp Act of 1899 from Bangladesh. It consolidates and amends the laws relating to stamps. Some key points:
- It defines various terms related to stamps and stamped instruments such as "bill of exchange", "bond", "conveyance", "duly stamped", and others.
- It outlines the liability of various instruments to stamp duty and how the duties should be paid, including through adhesive stamps.
- It provides provisions around stamping instruments in Bangladesh or outside of Bangladesh, valuation of instruments for duty, and who is responsible for paying duties.
- It establishes provisions for adjudication of proper stamps, treatment of instruments not duly stamped, and allowance for spoiled stamps
Conditional Sale and Purchase Agreement / Contract (Purchase this doc, Text: ...GLC
This document outlines a conditional sale and purchase agreement between multiple parties for shares in a company. Key points:
- The sellers agree to sell their shares in the company to the purchaser, subject to certain terms and conditions being met.
- The purchase price for the shares is specified for each seller. Payment is due within 3 months of signing the agreement.
- Several conditions must be fulfilled before and after payment, including obtaining necessary approvals.
- Failure to meet the conditions or make payment on time results in default consequences like termination of the agreement or repayment of funds.
- Disputes will be resolved via arbitration in Indonesia and governed by Indonesian law. The parties agree not to pursue matters
This document outlines an Attorney Contract Policy for the Oneida Tribe of Indians of Wisconsin. It establishes guidelines for contracting attorneys to provide legal services to the Tribe. Key points include: requiring all attorney contracts to be approved by the Oneida Business Committee; setting standards for contract contents, such as compensation and supervision details; mandating attorney qualifications be verified; and designating the Oneida Law Office as the legal office of the Tribe responsible for contracting attorneys and approving legal opinions. The purpose is to centralized legal services and reduce conflicts among professionals.
Myanmar Company Law prepared in Myanmar Government to follow the Myanmar busi...Kaythisoe3
This document provides the table of contents for the draft Myanmar Companies Law. It outlines the contents into 8 Parts covering: preliminary matters like commencement and definitions; constitution, incorporation and powers of companies; shares and capital matters; management, administration, governance and financial reporting; winding up of companies; registration and regulatory matters; legal proceedings and offences; and miscellaneous provisions. Key topics covered include types of companies, shareholder rights, directors' duties, financial reporting, winding up processes, and the roles of the Registrar and other regulatory authorities. The document provides an overview of the scope and structure of the draft law.
This document summarizes the Code of Civil Procedure, 1908 which consolidates and amends laws relating to civil procedure in courts of civil judicature in India. Some key points:
- It extends to the whole of India except Jammu and Kashmir, Nagaland, and some tribal areas. State governments can extend its provisions to excluded areas.
- It defines various terms used in civil procedure like "decree", "pleader", "judgment-debtor" etc.
- District courts are subordinate to high courts. Civil courts of lower grade are subordinate to district and high courts.
- It contains provisions around jurisdiction of courts, res judicata, bar on further suits, when foreign judgments
Master Contract For Legal Representation Of Eligible Indigents This Contractlegal3
This document outlines a master contract for legal representation between a county and a contractor law firm. It specifies that the contractor will provide legal defense for indigent individuals in criminal cases where the public defender has a conflict of interest. The contract details the types of cases and estimated annual numbers, the duties of representation, staffing requirements, compensation, and terms of the agreement. It establishes that the contractor must maintain sufficient staff and resources to fulfill the representation duties in a timely manner according to constitutional and legal standards.
The document is the Direct Sales Act 1993 of Malaysia which regulates direct sales businesses in the country. Some key points:
- A direct sales business must be licensed by obtaining a license from the Controller of Direct Sales. Licenses can be granted with or without conditions, or refused.
- Door-to-door and mail order sales are considered direct sales and regulated. Persons conducting door-to-door sales must carry identification.
- Direct sales contracts must meet certain requirements like containing a cooling-off period that allows rescission.
- The Controller can revoke a license if the licensee fails to comply with the act or provides false information, among other reasons. This aims to protect consumers and
This document is the Direct Sales Act 1993 of Malaysia which provides regulations for direct sales businesses in the country. Some key points:
- It requires all direct sales businesses to be licensed by the Controller of Direct Sales. Licenses can be granted, refused, revoked or have conditions imposed.
- It regulates door-to-door and mail order direct sales, requiring identification and allowing for a cooling-off period and contract rescission.
- Direct sales contracts must meet requirements for content and format. The Act also prohibits some contractual terms.
- Enforcement powers are granted to investigate non-compliance and seize goods or documents, with appeals processes available.
This document is the Direct Sales Act 1993 of Malaysia which provides regulations for direct sales businesses in the country. Some key points:
- It requires all direct sales businesses to be licensed by the Controller of Direct Sales. Licenses can be granted, refused, revoked or have conditions imposed.
- It regulates door-to-door and mail order direct sales, requiring identification and allowing for a cooling-off period and contract rescission.
- Direct sales contracts must meet requirements for content and format. The Act also prohibits some contractual terms.
- Enforcement powers are granted to investigate non-compliance and seize goods or documents, with appeals processes for license decisions.
This document outlines the amended and restated bylaws of Facebook, Inc., a Delaware corporation. It details procedures for stockholder meetings, the board of directors, committees, officers, stock certificates, indemnification, notices, and other general provisions. Key points include requirements for annual stockholder meetings, procedures for calling special meetings, requirements for notice of meetings, rules for establishing quorum and voting, and provisions for indemnifying officers and directors.
This document provides an overview of the Prevention of Money Laundering Act, 2002 (PMLA) in India through several articles. It discusses key aspects of the PMLA including its introduction, authorities under the act and their powers, consequences for money laundering offenses, and punishment. Specifically, it notes that the PMLA allows for attachment of property suspected to be proceeds of crime prior to a judgment. It can also attach property if it believes it will obstruct PMLA proceedings. The consequences also include rigorous imprisonment of 3-7 years for money laundering offenses, and up to 10 years for certain drug-related offenses.
This document is a court judgment regarding the confiscation of vehicles used to transport sand illegally under the Mines and Minerals Act. The key points are:
1. The appellants had their vehicles confiscated for transporting sand without permits. They appealed arguing vehicles cannot be confiscated under the Act.
2. The Act allows confiscation of "machinery and/or equipment" used in offences, but does not mention vehicles. Other Acts specifically mention vehicles for confiscation.
3. The court examines other Acts and precedents and finds the legislature has adopted a lenient approach in the Mines Act compared to other strict Acts. Therefore vehicles are likely not meant to be confiscated under the Mines Act.
This document summarizes a court case involving the confiscation of vehicles used to transport sand without a permit, which is an offense under Sri Lankan law. Specifically:
1) Several individuals had their vehicles confiscated after being convicted of transporting sand without a permit. They appealed the confiscation.
2) The court examined whether the term "machinery and/or equipment" in the relevant law could include vehicles. After reviewing dictionary definitions and comparing to other laws, the court determined that vehicles were not included in the intended scope of confiscation.
3) The court referenced several other laws where vehicles were explicitly included for confiscation, but the law in question did not explicitly include vehicles. Therefore,
This document summarizes a Supreme Court of Sri Lanka case regarding an appeal of a criminal conviction. It discusses how the original trial court magistrate ordered the plaint to be quashed and the defendant released, but charges were later re-filed. The key issues are whether the original order amounted to an acquittal, which would prevent re-filing of charges, and whether charges must be properly framed before a court can issue a verdict of acquittal. The Supreme Court ultimately finds that a verdict requiring an acquittal can only be given after charges are read and evidence is considered, so the original order was just a discharge and not a full acquittal.
New law reports judge as a referee at football matchawasalam
1) This is a case where a wife applied for maintenance from her husband. The husband offered to maintain the wife if she lived with him. The court must consider if the husband's offer was made in good faith.
2) Even if the husband was not currently living in adultery, the circumstances of the case show that his offer to take his wife back was not made in good faith. His past conduct showed he was more interested in his mistress.
3) The husband was found liable to pay maintenance to his wife as his offer to maintain her if she lived with him was not considered to be genuine. The wife's income is also not a relevant factor in determining maintenance under the ordinance.
47 2013 rem impact of arbitaration act on admiralty jurisdiction act (1)awasalam
The document discusses a court case regarding a dispute over jurisdiction between Sri Lanka's Admiralty Court and arbitration. It analyzes relevant laws and maxims to determine whether the Admiralty Court's jurisdiction is overridden by an arbitration agreement. Specifically, it examines whether the general Arbitration Act of 1995 overrides the specific jurisdiction granted to the Admiralty Court under the Admiralty Jurisdiction Act of 1983. The court ultimately finds that the specific Admiralty Act is not overridden based on the legal maxim that "the general does not detract from the specific."
This document provides an overview of the Roman-Dutch law of partition and the statutory provisions that have replaced it in Sri Lanka over time. It discusses key aspects of partition actions such as the nature and goals, requirements to institute an action, need for expedited disposal of cases, and possession requirements. It also touches on important topics like legal representation, investigation of title, prescription among co-owners, and divided versus common possession of property in the context of partition suits.
This document summarizes a court case in the Court of Appeal of Sri Lanka regarding an appeal of a decision by the Wakfs Board and Wakfs Tribunal. The document provides background on the relevant laws and organizations, and discusses the appellants' arguments against the decision of the Wakfs Tribunal. It also examines the question of whether a direct appeal is allowed against decisions of the Wakfs Tribunal or if leave of the court is required, as there are conflicting judgments on this issue. The court will consider this question to resolve the conflict in determining if it can hear the direct appeal in this case.
This document provides a tribute to Ananda Wickramasekara, a celebrated lawyer from Galle, Sri Lanka, on the occasion of his 50 years of legal practice. It describes his upbringing and education, his excellent performance at law college, and his decision to practice law in Galle despite advice to join the metropolitan bar in Colombo. It highlights his mentorship of younger lawyers in Galle, his integrity and reduction of fees for less affluent clients, and his values and character as demonstrated through his family, career, and treatment of others.
This document summarizes a court case in Sri Lanka regarding whether filing an appeal automatically stays the execution of a High Court judgment.
(1) The case involved a land dispute between two brothers that was determined by a Magistrate's Court and then revised by the High Court. The petitioner appealed the High Court's judgment to the Court of Appeal.
(2) There were conflicting views on whether an appeal automatically stays execution. The Court examined this issue and relevant precedents. It determined that under the Primary Courts Procedure Act, an appeal does not automatically stay execution of a High Court judgment issued in revision of a determination under the Act.
(3) The Court found the prior cases relied too heavily on applic
(1) The Ceylon Commercial Bank debited the Ceylon Tobacco Company's account for Rs. 5,926,786 upon presentation of 8 cheques that the Tobacco Company claimed were forged.
(2) The Tobacco Company provided evidence including testimony from security managers, police, and handwriting experts analyzing specimen signatures, concluding the signatures on the cheques were forged.
(3) The District Court found the Bank was unable to prove the cheques were genuinely signed and ruled in favor of the Tobacco Company, ordering the Bank to repay the amount. The Bank appealed.
1) The plaintiff sued the defendant tenant for ejectment from residential premises on the ground of reasonable requirement, after giving 6 months notice of termination. However, the Rent Act requires 1 year's notice for termination in such cases.
2) The District Court granted relief to the plaintiff but deferred the writ of possession by 6 months. The defendant appealed.
3) The Court of Appeal held that failure to give the required 1 year notice before filing the case disentitles the plaintiff from maintaining the action for ejectment under the Rent Act. Giving a shorter notice period renders the action futile.
This document summarizes a court case in Sri Lanka regarding the dismissal of a civil case.
The key details are:
1) The plaintiff filed a case seeking damages from the defendant. On a trial date, the plaintiff was present but his attorney was absent. The court refused the plaintiff's request for an adjournment and dismissed the case.
2) The plaintiff argued the dismissal was contrary to law and that the judge should have allowed the case to proceed instead of dismissing it.
3) The court found that since the plaintiff had an attorney, he could not represent himself or request an adjournment without the attorney present. The dismissal is therefore treated as an ex-parte order,
This document summarizes a court case in Sri Lanka regarding whether an individual was an employee or independent contractor for purposes of contributing to an employee provident fund. The key points are:
1) The Assistant Commissioner of Labour held that the individual was an employee and ordered contributions to be made to the fund, but did not provide reasons for the decision.
2) The court examined whether reasons must be provided for non-appealable decisions like this one. While not strictly required, there is a trend that reasons should be provided to ensure transparency and prevent arbitrary decisions.
3) Since no reasons were provided, the court could not determine if the decision that the individual was an employee was lawful or not. The
The plaintiff sued the defendant seeking a declaration that she had a right of way over the defendant's land (Lot 5) to access her landlocked property (Lot 4C). The trial court rejected the plaintiff's claim of a prescriptive right of way but found she was entitled to a way of necessity over Lot 5. The Court of Appeal allowed the defendant's appeal. The Court held that (1) an owner who subdivides land and deprives themselves of access is not entitled to a way of necessity over neighboring land; and (2) when land is subdivided, the back portions retain access over the front portions and not over neighboring land. Since the plaintiff's predecessor subdivided the land and deprived Lot 4C
1) The plaintiff sought a declaration that a deed transferring land to the defendants be declared void, alleging it was obtained through fraud. The trial court ruled in the plaintiff's favor.
2) On appeal, the defendants argued the causes of action were misjoined. However, the court found the plaintiff only raised issues regarding invalidating the deed, not declaring title.
3) The court also held that even if both causes of action were raised, this would be allowed. Declaring a deed invalid is consequential to declaring title. The standard of proof in allegations of fraud is a balance of probabilities.
1. The legal heirs of Capt. Chitralal Janaka Karunaratna sued Master Divers (PVT) Ltd, the owners of the vessel Silk Route Supplier III, for damages arising from breach of agreement and compensation for negligence after Karunaratna died from injuries sustained at work. [2]
2. The High Court awarded damages under the crew agreement and compensation for negligence. On appeal, Master Divers argued the awards were excessive as damages couldn't exceed the crew agreement amount, and there was a misjoinder of causes of action. [3]
3. The Court of Appeal upheld the High Court's judgment, finding that the crew agreement bound only the legal heirs, not depend
(1) The plaintiff filed an action seeking a declaration to close a road on her land that the defendants had been using, claiming it was only with her father's permission. She argued the defendants had an alternate access route.
(2) The trial court dismissed the plaintiff's action. On appeal, the Court of Appeal found that the trial court erred in its judgment, as there was no evidence the defendants had acquired prescriptive rights over the road after 50 years of use, or that they had rights of way out of necessity.
(3) The Court of Appeal concluded the trial court should have found in favor of the plaintiff and granted a declaration allowing her to close the road, since the defendants' use
(1) The accused was charged with contempt of court under section 797 of the Civil Procedure Code and acquitted by the District Court. The appellant appealed the acquittal.
(2) The accused objected that the appeal was not valid as it did not have the written consent of the Attorney General, as required by section 318 of the Criminal Procedure Code for appeals against acquittals.
(3) The judge examined the relevant laws and precedents. He determined that section 318, requiring the Attorney General's consent, should be followed mutatis mutandis for appeals against acquittals by the District Court under section 798 of the Civil Procedure Code. As the appellant did not obtain consent, the preliminary
This document summarizes a court case in Sri Lanka regarding a claim of malicious prosecution. The key details are:
1) The plaintiff's electricity supply was disconnected due to non-payment, but he extended the supply to another part of his house. Upon inspection and complaint, the electricity board disconnected the remaining supply.
2) The plaintiff was then charged in Magistrate's Court under the Electricity Act but was acquitted. He filed a claim for damages from malicious arrest and prosecution.
3) The trial court dismissed the claim, finding the plaintiff did not establish the elements for a malicious prosecution case. The plaintiff appealed.
This document provides a summary of a court case in Sri Lanka involving a vehicular accident.
(1) The plaintiff sued the defendant for damages resulting from injuries sustained as a passenger in the defendant's vehicle. The trial court found the defendant negligent and awarded damages.
(2) On appeal, the defendant argued there was no proof of negligence and damages were incorrectly calculated. The appellate court upheld the trial court's finding of negligence, citing the defendant's guilty plea in a criminal case for negligent driving.
(3) The appellate court also found the damages calculation reasonable except for one component related to the wife's lost employment, reducing the total damages slightly. The court's decision focused on establishing the defendant's negligence
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Our company bridges the gap between registered users and experienced advocates, offering a user-friendly online platform for seamless interaction. This platform empowers users to voice their grievances, particularly regarding online consumer issues. We streamline support by utilizing our team of expert advocates to provide consultancy services and initiate appropriate legal actions.
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1. Table of Contents
Section 1 ....................................................................................................................2
Section 4 ....................................................................................................................2
INTERPRETATION ..........................................................................................................3
6. Action ....................................................................................................................5
7. The procedure of an action may be either " regular " or " summary ". .......................................6
8. Procedure of action to be ordinarily regular......................................................................6
Institution of actions: in what court. ..................................................................................7
10. Of application for withdrawal and transfer of action. .........................................................8
11. Plaintiffs................................................................................................................9
12. Where joint tenants or tenants in common......................................................................9
13. Substituted and added plaintiffs................................................................................. 10
14. Defendants........................................................................................................... 10
14A.Substitution where person against whom a right to any relief is alleged to exist dies and the right
to sue for relief survives. .............................................................................................. 11
15. Who may be joined as parties defendant. ..................................................................... 13
16. Where numerous parties, one may sure or defend for all. Notice. ....................................... 13
17. Misjoinder not to defeat action. ................................................................................ 14
18.Parties improperly joined may be struck out................................................................... 15
19. Intervention not otherwise allowed. ............................................................................ 17
20. Conduct of the action.............................................................................................. 18
21. Amendment of plaint. ............................................................................................. 18
22. Objections for non-joinder or misjoinder to be taken before hearing. ................................... 19
23.Plaintiffs (or defendants) may authorize one of them to act for them.................................... 20
24.Appearances may be by party in person, his recognized agent, or attorney-at-law. ................... 20
25. Recognized agents.................................................................................................. 21
26. Processes served on the recognized agent, effectual........................................................ 22
27.Appointment of registered attorney. ............................................................................ 23
28. Death or incapacity Of registered attorney. .................................................................. 25
29. Service on registered attorney. .................................................................................. 26
30. Agent to accept service. ......................................................................................... 27
30A. Agent to accept service in action upon mortgage of immovable property. ............................ 27
[2,12 of 1973] ............................................................................................................ 27
33. Regular action how to be framed. .............................................................................. 28
34.Every action shall include whole claim.......................................................................... 28
35. Joinder of claims in actions for immovable property. ....................................................... 30
36. In other cases. ...................................................................................................... 31
37. Application by defendant in such cases. ....................................................................... 32
38. Order of court thereon. ........................................................................................... 32
39. Regular action to commence by plaint. ....................................................................... 33
Requisites of Plaint ................................................................................................... 33
2. Section 1
1. This Ordinance may be cited as the Civil Procedure Code.
Section 4
WHERE NO PROVISION IS MADE SPECIAL DIRECTIONS TO BE GIVEN BY COURT OF APPEAL.
IN EVERY CASE IN WHICH NO PROVISION IS MADE BY THIS ORDINANCE, THE PROCEDURE AND PRACTICE
HITHERTO IN FORCE SHALL BE FOLLOWED, AND IF ANY MATTER OF PROCEDURE OR PRACTICE FOR WHICH
NO PROVISION IS MADE BY THIS 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.
PEIRIS v. PEIRIS SLR
1978-79, Vol :2,
Page: 55
HATTON NATIONAL BANK v. SILVA AND ANOTHER SLR
1999, Vol :3, Page:
113
MUTTIAH CHETTY v. DON MARTINES NLR Vol :10, Page: 175
DAVITH APPUHAMY v. PERERA NLR Vol :11, Page: 150
HAGENBECK et al v. VAITILINGAM et al., NLR Vol :18, Page: 1
MEINKHAMY v. PINHAMY NLR Vol :23, Page: 189
ABDUL CADER v. RAWTHER NLR Vol :29, Page: 326
3. INTERPRETATION
The following words and expressions in this Ordinance shall have the meanings hereby assigned to them,
unless there is something in the subject or context repugnant thereto;
"action" is a proceeding for the prevention or redress of a wrong;
[2,20 of 1977]
"Attorney-General" includes the Solicitor-General, the Additional Solicitor-General and any State
Counsel specially authorized by the Attorney-General to represent the Attorney-General;
"cause of action" is the wrong for the prevention or redress of which an action may be brought, and
includes the denial of a right, the refusal to fulfill an obligation, the neglect to perform a duty and the
infliction of an affirmative injury;
"civil court" means a court in which civil actions may be brought;
"counsel" means an attorney-at-law instructed by a registered attorney;
"court" means a Judge empowered by law to act judicially alone, or a body of Judges empowered by
law to act judicially as a body, when such Judge or body of Judges is acting judicially;
"decree" means the formal expression of an adjudication upon any right claimed or defence set up in a
civil court, when such adjudication, so far as regards the court expressing it, decides the action or
appeal; (An order rejecting a plaint is a decree within this definition.)
[2,79 of 1988]
"Fiscal" includes a Deputy Fiscal
"foreign court" means a court situate beyond the limits of, and not having authority in, Sri Lanka;
"foreign judgment" means the judgment of a foreign court;
[2,20 of 1977]
"Judge" means the presiding officer of a court and includes Judges of the Supreme Court and of the
Court of Appeal, District Judges, Judges of Family Courts and Judges of Primary Courts;
"judgment" means the statement given by the Judge of the grounds of a decree or order;
"judgment-creditor" and " decree-holder " mean any person in whose favor a decree or order capable of
execution has been made, and include any transferee of such decree or order;
"judgment-debtor" means any person against whom a decree or order capable of execution has been
made;
[2,20 of 1977]
"legal document" includes all processes, pleadings, petitions, affidavits, notices, motions and other
documents, proceedings, and written communications;
"order" means the formal expression of any decision of a civil court which is not a decree;
"original court " includes District Courts, Family Courts and Primary Courts;
[2,20 of 1977]
"Public Trustee" means the Public Trustee of Sri Lanka appointed under the Public Trustee Ordinance
and includes a Deputy Public Trustee or any other state officer generally or specially authorized by the
Public Trustee to act on his behalf;
"recognized agent" includes the persons designated under that name in section 25 and no others;
[2,20 of 1977]
" registered attorney " means an attorney-at-law appointed under Chapter V by a party or his recognized
agent to act on his behalf;
[2,20 of 1977]
4. "Registrar" in relation to a court - includes an Additional, Deputy or Assistant Registrar;
"signed" includes "marked" when the person making the mark is unable to write;
[2,20 of 1977]
"the Island" and "this Island" means respectively the Island of Sri lanka;
"written" and "writing" include "printed" and "print" and "lithographed" and "lithograph" respectively.
PEIRIS v. PEIRIS SLR 1978-79, Vol :2, Page: 55
UDESHI AND OTHERS v. MATHER SLR 1988, Vol :1, Page: 12
PARAMANATHAN AND ANOTHER v. KODITUWAKKUARACHCHI SLR 1988, Vol :1, Page: 315
MANAPERI SOMAWATHIE v. BUWANESWARI SLR 1990, Vol :1, Page: 223
PILAPITIYA v. BUDDADASA AND ANOTHER SLR 1990, Vol :2, Page: 186
JINADASA AND ANOTHER v. SAM SILVA AND OTHERS SLR 1994, Vol :1, Page: 232
URBAN COUNCIL, MORATUWA AND SERASINGHE v. CEYLON PAINT
INDUSTRIES
SLR 1995, Vol :2, Page: 191
G.T.E. DIRECTORIES LANKA (PVT) LTD. v. MUKTHAR MARIKKAR AND
ANOTHER
SLR 1998, Vol :3, Page: 180
BRUNSWICK EXPORTS LTD. v. HATTON NATIONAL BANK LTD. SLR 1999, Vol :1, Page: 219
EKSITH FERNANDO v. MANAWADU AND OTHERS (ST. THOMAS'
COLLEGE CASES)
SLR 2000, Vol :1, Page: 78
NARENDRA v. SEYLAN MERCHANT BANK LTD. AND OTHERS SLR 2003, Vol :2, Page: 1
PIYADASA v. SUDU BANDA SLR 2003, Vol :2, Page: 202
SHAW WALLACE AND HEDGES LTD V NIRMAL FERNANDO AND OTHERS SLR 2003, Vol :2, Page: 366
NANAYAKKARA AND OTHERS v. SIRISENA SLR 2003, Vol :3, Page: 60
SEYLAN BANK LTD V MANCHESTER YARN AND THREAD (PVT) LTD SLR 2004, Vol :3, Page: 303
DISSANAYAKE VS HEMANTHA SLR 2006, Vol :2, Page: 12
PIERIS v. PERERA NLR Vol :10, Page: 41
PLESS POL v. LADY DE SOYSA et al. NLR Vol :15, Page: 57
LOWE v. FERNANDO NLR Vol :16, Page: 398
NANNITAMBY v. VAYTILINGAM et al., NLR Vol :20, Page: 33
RANASINGHE v. PERERA NLR Vol :24, Page: 201
ABEYSUNDERA v. BABUNA et al. NLR Vol :26, Page: 459
ARULANANTHAM et al v. ATTORNEY GENERAL NLR Vol :53, Page: 364
SELVAM, A.G. v. KUDDIPILLAI, N. NLR Vol :55, Page: 426
SILVERLINE BUS CO., LTD. v. KANDY OMNIBUS CO., LTD. NLR Vol :58, Page: 193
LADAMUTTU PILLAI v. ATTORNEY GENERAL NLR Vol :59, Page: 313
SIRIPALA v. MAGIE NONA NLR Vol :59, Page: 433
TENNEKOON v. DURAISAMY NLR Vol :59, Page: 481
CROOS v. GOONEWARDENE HAMINE NLR Vol :5, Page: 259
AZIZ v. THONDAMAN NLR Vol :61, Page: 217
5. MUDALIGE v. WILLIAM SILVA NLR Vol :61, Page: 296
MEYAPPAN v. MANCHANAYAKE NLR Vol :62, Page: 529
SLEBERT v. NEW ASIA TRADING CO., LTD. NLR Vol :66, Page: 460
C.Y.S.PERERA v. THILLAIRAJAH NLR Vol :69, Page: 237
UNITED ENGINEERING WORKERS' UNION v. DEVANAYAGAM NLR Vol :69, Page: 289
K.THIAGARAJAH v. P.KARTHIGESU NLR Vol :69, Page: 73
PERIS v. PERERA NLR Vol :6, Page: 230
CEYLON ESTATE AGENCY AND WAREHOUSING CO. LTD. v. DE ALVIS. NLR Vol :70, Page: 31
NAVARATNAM v. SIRIWARDENA NLR Vol :70, Page: 361
MALIBAN BISCUIT MANUFACTORIES LTD. v. SUBRAMANIAM NLR Vol :74, Page: 337
MORAIS v. VICTORIA NLR Vol :75, Page: 145
BALASUNDARAM v. RAMAN NLR Vol :76, Page: 289
RAMAN CHETTY v. ABDUL RASAC NLR Vol :7, Page: 345
EMALISHAMY v. EGO APPU NLR Vol :7, Page: 38
PLESS POL v. LADY DE SOYSA et al., NLR Vol :9, Page: 316
6. 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.
G.T.E. DIRECTORIES LANKA (PVT) LTD. v. MUKTHAR MARIKKAR AND
ANOTHER
SLR 1998, Vol :3, Page: 180
PIYADASA v. SUDU BANDA SLR 2003, Vol :2, Page: 202
SADHANA DHARMABANDU VS MALLIKA HOMES LTD AND OTHERS SLR 2009, Vol :1, Page: 151
JAYAWARDENE V. OBEYSEKERE AND 5 OTHERS SLR 2011, Vol :1, Page: 349
RANASINGHE v. PERERA NLR Vol :24, Page: 201
ABEYSUNDERA v. BABUNA et al. NLR Vol :26, Page: 459
SILVERLINE BUS CO., LTD. v. KANDY OMNIBUS CO., LTD. NLR Vol :58, Page: 193
6. LADAMUTTU PILLAI v. ATTORNEY GENERAL NLR Vol :59, Page: 313
TENNEKOON v. DURAISAMY NLR Vol :59, Page: 481
MUDIYANSE v. PEMAWATHIE NLR Vol :64, Page: 542
UNITED ENGINEERING WORKERS' UNION v. DEVANAYAGAM NLR Vol :69, Page: 289
MARTIN SILVA v. MAHASOON NLR Vol :70, Page: 6
FERNANDO v. FERNANDO NLR Vol :72, Page: 174
MALIBAN BISCUIT MANUFACTORIES LTD. v. SUBRAMANIAM NLR Vol :74, Page: 337
RAMAN CHETTY v. ABDUL RASAC NLR Vol :7, Page: 345
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.
JAYAWARDENE V. OBEYSEKERE AND 5 OTHERS SLR 2011, Vol :1, Page: 349
8. Procedure of action to be ordinarily regular.
[2,53 of 1980]
Procedure of action to be ordinarily regular.
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.
PIYADASA v. SUDU BANDA SLR 2003, Vol :2, Page: 202
7. STASSEN EXPORTS LTD. VS. REGISTRAR OF PATENTS AND TRADE
MARKS AND OTHERS
SLR 2006, Vol :1, Page: 340
CHANDRAWATHIE VS. WIMALADASA AND OTHERS SLR 2006, Vol :1, Page: 4
JAYAWARDENE V. OBEYSEKERE AND 5 OTHERS SLR 2011, Vol :1, Page: 349
ROWEL v. JAYAWARDENE NLR Vol :14, Page: 47
MOLDRICH v. CORNELIS et al. NLR Vol :14, Page: 97
PERERA v. FERNANDO et al NLR Vol :17, Page: 300
WICKREMASURIYA v. MUDIANSE NLR Vol :31, Page: 344
LADAMUTTU PILLAI v. ATTORNEY GENERAL NLR Vol :59, Page: 313
JEGANATHAN v. RAMANATHAN NLR Vol :64, Page: 289
MUDIYANSE v. PEMAWATHIE NLR Vol :64, Page: 542
CHARTERED BANK v. DE SILVA NLR Vol :67, Page: 135
WIJEWARDENE v. GOMES NLR Vol :70, Page: 97
Institution of actions: in what court.
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
(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
When one of two or more courts may entertain an action.
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.
SOMASIRI v. CEYLON PETROLEUM CORPORATION SLR 1992, Vol :1, Page: 39
BLUE DIAMONDS LIMITED v. AMSTERDAM ROTTERDAM BANK M.V. AND
ANOTHER (AMRO BANK CASE)
SLR 1993, Vol :2, Page: 249
CHITAMBARA NADAR AND ANOTHER OF COLOMBO v. ELASTO LIMITED
OF BENTOTA
SLR 1994, Vol :2, Page: 325
MARTIN SILVA AND ANOTHER v. CENTRAL ENGINEERING CONSULTANCY
BUREAU AND ANOTHER
SLR 2003, Vol :2, Page: 228
ARIYARATNE vs PREMADASA SLR 2006, Vol :3, Page: 161
8. DAVITH APPUHAMY v. PERERA NLR Vol :11, Page: 150
LALLTETT v. NEGRIS & Co NLR Vol :14, Page: 247
PLESS POL v. LADY DE SOYSA et al. NLR Vol :15, Page: 57
SITHAMPARAM v. PONAN NLR Vol :19, Page: 33
HUSSAN v. PEIRIS et al., NLR Vol :34, Page: 238
VYTHILINGAM v. ARUNASALEM NLR Vol :53, Page: 417
MILLER v. MURRAY NLR Vol :54, Page: 25
NALLATHAMBY et al., v. SOMASUNDERAM-KURUKKAL NLR Vol :57, Page: 166
SOWDOONA v. ABDUL MUEES NLR Vol :57, Page: 75
PELIS v. SILVA NLR Vol :60, Page: 289
COMMISSIONER OF AGRARIAN SERVICES v. KUMARASAMY NLR Vol :62, Page: 574
TENNE v. EKANAYAKE NLR Vol :63, Page: 544
PONNUTHURAI v. JUHAR NLR Vol :66, Page: 375
FERNANDO v. FERNANDO NLR Vol :72, Page: 174
GUNAWARDENE v. URBAN COUNCIL NLR Vol :73, Page: 233
ANIS v. SILVA NLR Vol :73, Page: 309
PERERA v. CHELLIAH NLR Vol :74, Page: 61
RANGHAMI v. KIRIHAMY NLR Vol :7, Page: 357
WRIGHT v. WRIGHT NLR Vol :9, Page: 31
PLESS POL v. LADY DE SOYSA et al., NLR Vol :9, Page: 316
10. Of application for withdrawal and transfer of action.
[3,20 1977]
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;
(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.
9. Stamp duty.
In no case in which any action is so transferred as aforesaid from one court to another shall any stamp
fee be leviable in the court to which the action is transferred on any pleading or exhibit on which the
proper stamp fee has been paid in the court from which the action is so transferred.
SIVASUBRAMANIAM v. SIVASUBRAMANIAM SLR 1980, Vol :2, Page: 58
JAYASINGHE VS DASSANAYAKE AND ANOTHER SLR 2006, Vol :3, Page: 346
RATNAWATHIE v. SAMARASINGHE NLR Vol :68, Page: 211
SOMAWATHIE v. DANNY NLR Vol :76 PAGE 571
11. 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.
ADLIN FERNANDO AND ANOTHER v. LIONEL FERNANDO AND OTHERS SLR 1995, Vol :2, Page: 25
MASEENA v. SAHUD AND ANOTHER SLR 2003, Vol :3, Page: 109
IBRAHIM DIDI et al. v. ALLI DIDI NLR Vol :13, Page: 181
MUTTU MENIKA v. FERNANDO et al., NLR Vol :15, Page: 429
FERNANDO, B.J. v. SUNTHARY PILLAI NLR Vol :45, Page: 126
THANGAMMAH v. KANAGASABAI NLR Vol :51, Page: 500
WEERAPPERUMA v. DE SILVA NLR Vol :61, Page: 481
D. D. L. KALUARACHCHI . v. CEYLON TRANSPORT BOARD NLR Vol :76, Page: 173
DON SIMON APPUHAMI et al., v. MARTHELIS ROSA NLR Vol :9, Page: 68
12. Where joint tenants or tenants in common
12. Where two or more persons are entitled to the possession of immovable property as joint tenants or tenants
in common, one or more of them may 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.
SUSIL PERERA v. KELLY AND OTHERS SLR
2002, Vol :3, Page:
163
ABREW V. SEKERAM SLR
2003, Vol :1, Page:
381
10. WALKER & SONS CO. LTD V MASOOD SLR
2004, Vol :3, Page:
195
IBRAHIM DIDI et al. v. ALLI DIDI NLR Vol :13, Page: 181
IMPERIAL BANK OF INDIA, LTD. v. SILVA et al., NLR Vol :34, Page: 346
ZEINUDEEN v. SAMSADEEN et al., NLR Vol :41, Page: 65
ROCKLAND DISTILLERIES v. AZEEZ NLR Vol :52, Page: 490
D. D. L. KALUARACHCHI . v. CEYLON TRANSPORT BOARD NLR Vol :76, Page: 173
SILVA v. SINNO APPU NLR Vol :7, Page: 5
13. Substituted and added plaintiffs.
13. Where an action has been instituted in the name of the wrong person as plaintiff, or where it is doubtful
whether it has been instituted in the name of the right plaintiff, the court may at any stage of the action, if
satisfied that the action has been so commenced through a bona fide mistake, and that it is necessary for the
determination of the real matter in dispute so to do, order any other person or persons, with his or their
consent, to be substituted or added as plaintiff or plaintiffs, upon such terms as the court thinks just.
IRANGANIE v. ABEYRATNE AND OTHERS SLR
1991, Vol :2, Page:
183
SEYLAN BANK PLC V LEBBE MOHOMED RAZIK SLR
2009, Vol :2, Page:
139
NORTHWAY v. NAATCHIA NLR Vol :15, Page: 30
MARICAR v. ISMAIL NLR Vol :16, Page: 362
KANDASWAMY v. SINNATAMBY NLR Vol :26, Page: 63
ARNOLIS v. LEWISHAMY NLR Vol :2, Page: 222
MATTHES v. ROTTAN NLR Vol :2, Page: 366
RAMAN CHETTY v. SHAWE et at., NLR Vol :33, Page: 16
SIRIWARDANE v. AMUNUGAMA GUNARATNA THERO NLR Vol :66, Page: 383
D. D. L. KALUARACHCHI . v. CEYLON TRANSPORT
BOARD
NLR Vol :76, Page: 173
GORDON BROOKE v. PEERA VEDA NLR Vol :9, Page: 302
14. Defendants.
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.
ADLIN FERNANDO AND ANOTHER v. LIONEL FERNANDO AND OTHERS SLR 1995, Vol :2, Page: 25
MACKIE & SONS v. MACKIE & ANOTHER SLR 1999, Vol :3, Page: 386
11. JAGODA V TUDAWE SLR 2004, Vol :2, Page: 147
COREA v. PIERIS NLR Vol :10, Page: 321
RATWATTE v. NUGAWELA NLR Vol :15, Page: 1
AIYAMPILLAI v. VAIRAVANATHA KURRUKEL NLR Vol :16, Page: 231
LOWE v. FERNANDO NLR Vol :16, Page: 398
LONDON AND LANCASHIRE FIRE INSURANCE COMPANY v. P & O
COMPANY et al.,
NLR Vol :18, Page: 15
APPUHAMY v. APPUHAMY NLR Vol :21, Page: 436
RAMEN CHETTY v. MACKWOOD NLR Vol :24, Page: 73
KANAGASABAPATHY v. KANAGASABAI et al., NLR Vol :25, Page: 173
FERNANDO v. PALANIAPPA CHETTY NLR Vol :28, Page: 273
MUTTIAH CHETTY v. DE SILVA et al., NLR Vol :2, Page: 109
FERNANDO v. DE SILVA NLR Vol :2, Page: 223
FERNANDO et al., v. FERNANDO NLR Vol :39, Page: 145
ROCHE ET AL. v. KEERTHIRATNE ET AL ., NLR Vol :46, Page: 97
PODIHAMY ET AL v. SEIMON APPU NLR Vol :47, Page: 503
THANGAMMAH v. KANAGASABAI NLR Vol :51, Page: 500
ARULANANTHAM et al v. ATTORNEY GENERAL NLR Vol :53, Page: 364
JUHAR et al v. RAMANATHAN NLR Vol :53, Page: 454
WEERAPPERUMA v. DE SILVA NLR Vol :61, Page: 481
JAYASEKERA v. SINNA KARUPPAN NLR Vol :69, Page: 88
PONNUDURAI v. SITHAMPARAPILLAI NLR Vol :71, Page: 315
MORAIS v. VICTORIA NLR Vol :73, Page: 409
D. D. L. KALUARACHCHI . v. CEYLON TRANSPORT BOARD NLR Vol :76, Page: 173
SIRISENA AND OTHERS v. HONOURABLE.H.S.R.B.
KOBBEKADUWA,MINISTER OF AGRICULTURE AND LANDS
NLR Vol :80, Page: 1
14A.Substitution where person against whom a right to any relief
is alleged to exist dies and the right to sue for relief survives.
(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:-
(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
12. (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
13. 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.
NILAMDEEN v. DAYANANDA AND OTHERS SLR
2002, Vol :1, Page:
160
HARIPALA AND OTHERS VS MALLIKA FERNANDO AND OTHERS SLR
2005, Vol :1, Page:
417
DARLEY BUTLER & Co. Ltd v ANOOS AND OTHERS SLR
2008, Vol :2, Page:
149
15. Who may be joined as parties defendant.
The plaintiff may, at his option, join as parties to the same action all or any of the persons severally, or jointly
and severally, liable on any one contract, including parties to bills of exchange and promissory notes.
THE MAHAKANDE HOUSING COMPANY LTD. v. DUHILAMOMAL AND
OTHERS
SLR 1981, Vol :2, Page: 232
FERNANDO v. PERERA NLR Vol :21, Page: 94
APPUHAMY v. WALKER et al., NLR Vol :22, Page: 313
MUTTIAH CHETTY v. DE SILVA et al., NLR Vol :2, Page: 109
JAYASEKERA v. SINNA KARUPPAN NLR Vol :69, Page: 88
D. D. L. KALUARACHCHI . v. CEYLON TRANSPORT BOARD NLR Vol :76, Page: 173
16. Where numerous parties, one may sure or defend for all.
Notice.
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.
14. RANASINGHE v. NANDANIE ABEYDEERA SLR
1997, Vol :3, Page:
401
PINTO v. TRELLEBORG LANKA (PVT) LTD AND ANOTHER SLR
2003, Vol :3, Page:
214
FELIX PREMAWARDANE VS BASNAYAKE AND OTHERS SLR
2005, Vol :3, Page:
205
RANJITH DE SILVA vs DAYANANDA AND OTHERS SLR
2006, Vol :1, Page:
305
SUGATHAANANDA THERA VS. AJlTH BODINAGODA AND OTHERS SLR
2006, Vol :3, Page:
315
READ v. SAMSUDIN NLR Vol :1, Page: 292
RAMEN CHETTY v. MACKWOOD NLR Vol :24, Page: 73
KANAGASABAPATHY v. KANAGASABAI et al., NLR Vol :25, Page: 173
JAYAWARDENE v. THE BAPTIST MISSIONARY SOCIETY et al., NLR Vol :25, Page: 97
RAMAN CHETTY v. SHAWE et at., NLR Vol :33, Page: 16
SILVA v. LOW-COUNTRY PRODUCTS ASSOCIATION NLR Vol :39, Page: 228
SUPPIAH PILLAI et al., v. RAMANATHAN et al., NLR Vol :39, Page: 90
CAROLINE SOYSA v. LADY RATWATTE NLR Vol :45, Page: 553
KANDASAMY v. KUMARASEKARAM NLR Vol :63, Page: 193
D. D. L. KALUARACHCHI . v. CEYLON TRANSPORT BOARD NLR Vol :76, Page: 173
17. Misjoinder not to defeat action.
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.
WAHARAKA ALIAS MORATOTA SOBHITA THERO v. AMUNUGAMA
RATNAPALA THERO
SLR 1981, Vol :1, Page: 201
COLGAN AND OHTERS v. UDESHI AND OTHERS SLR 1996, Vol :2, Page: 220
CHARLES PERERA AND ANOTHER v KOTIGALA. SLR 2004, Vol :2, Page: 67
HAPUARATCHI AND ANOTHER VS DHANAPALA AND ANOTHER SLR 2005, Vol :3, Page: 141
JAYAMPATHI AND ANOTHER v KUDABANDA SLR 2008, Vol :2, Page: 289
JAYAMAHA et al., v. SINGAPPU NLR Vol :13, Page: 348
15. MADAR SAIBO et al v. SIRAJUDEEN et al NLR Vol :17, Page: 97
RALPH MACDONALD & CO. v. THE COLOMBO HOTELS COMPANY NLR Vol :19, Page: 109
HEENHAMI v. MOHOTIHAMI NLR Vol :19, Page: 235
ABDUL CADER ET AL v. AHAMADU LEBBE MARIKAR ET AL NLR Vol :37, Page: 257
ROCKLAND DISTILLERIES v. AZEEZ NLR Vol :52, Page: 490
SINNATHAMBY et al., v. KANDIAH et al., NLR Vol :56, Page: 535
PONNUTHURAI v. JUHAR NLR Vol :66, Page: 375
T.A.DINGIRI APPUHAMY v. TALAKOLAWEWE PANGANANDA THERO NLR Vol :67, Page: 89
D. D. L. KALUARACHCHI . v. CEYLON TRANSPORT BOARD NLR Vol :76, Page: 173
WERAGAMA v. BANDARA NLR Vol :77, Page: 289
DON SIMON APPUHAMI et al., v. MARTHELIS ROSA NLR Vol :9, Page: 68
18.Parties improperly joined may be struck out.
Addition of parties.
(1) The court may on or before the hearing, upon the application of 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.
ARUMUGAM COOMARASWAMY v. ANDRIS APPUHAMY AND OTHERS SLR 1985, Vol :2, Page: 219
EUGIN FERNANDO v. CHARLES PERERA AND OTHERS SLR 1988, Vol :2, Page: 228
DIVISIONAL FOREST OFFICER v. SIRISENA SLR 1990, Vol :1, Page: 44
IRANGANIE v. ABEYRATNE AND OTHERS SLR 1991, Vol :2, Page: 183
ADLIN FERNANDO AND ANOTHER v. LIONEL FERNANDO AND OTHERS SLR 1995, Vol :2, Page: 25
ROBERT DASSANAYAKE AND ANOTHER v. PEOPLE'S BANK AND ANOTHER SLR 1995, Vol :2, Page: 320
COLOMBO SHIPPING CO. LTD. v. CHIRAYU CLOTHING (PVT) LTD. SLR 1995, Vol :2, Page: 97
AMEEN v. SALAHUDEEN & OTHERS SLR 1998, Vol :3, Page: 185
FERNANDO v. WICKREMASINGHE SLR 1998, Vol :3, Page: 37
16. PANADURA FINANCE & ENTERPRISES LTD. v. PERERA AND ANOTHER SLR 1999, Vol :1, Page: 358
NAJIMDEEN AND OTHERS v. NAGESHWARI AND OTHERS SLR 1999, Vol :3, Page: 123
ROHANA v. SHYAMA ATTYGALA &OTHERS SLR 1999, Vol :3, Page: 381
MACKIE & SONS v. MACKIE & ANOTHER SLR 1999, Vol :3, Page: 386
HILDA ENID PERERA v. SOMAWATHIE LOKUGE AND ANOTHER SLR 2000, Vol :3, Page: 200
FERNANDO v. DE SILVA AND OTHERS SLR 2000, Vol :3, Page: 29
PARAMALINGAM v. SIRISENA AND ANOTHER SLR 2001, Vol :2, Page: 239
KEERTHIWANSA v. URBAN COUNCIL HORANA AND 3 OTHERS SLR 2001, Vol :3, Page: 252
SENEVIRATNE v. FERNANDO AND OTHERS SLR 2001, Vol :3, Page: 72
KULARATNE v. SAMARAWICKREMA AND ANOTHER SLR 2003, Vol :2, Page: 152
JUDUWARA & OTHERS . V L.B. FINANCE CO. LTD. SLR 2004, Vol :2, Page: 151
KAMALAWATHIE AND OTHERS VS. FERNANDO AND ANOTHER SLR 2005, Vol :2, Page: 349
DORIS SIRIWARDANE AND OTHERS VS DE SILVA SLR 2006, Vol :2, Page: 309
KAROUS VS.DHARMARATHANA THERO AND OTHERS SLR 2006, Vol :2, Page: 320
SITHY MAKEENA AND OTHERS VS. KURAISHA AND OTHERS SLR 2006, Vol :2, Page: 341
DARLEY BUTLER & Co. Ltd v ANOOS AND OTHERS SLR 2008, Vol :2, Page: 149
JAYAMPATHI AND ANOTHER v KUDABANDA SLR 2008, Vol :2, Page: 289
MASTER DIVERS (PVT.) LTD., VS. ANUSHA KARUNARATNE AND OTHERS SLR 2010, Vol :1, Page: 403
FERNANDO V. TENNAKOON SLR 2010, Vol :2, Page: 22
COREA v. PIERIS NLR Vol :10, Page: 321
COREA v. PIERIS et al., NLR Vol :13, Page: 212
JAYAMAHA et al., v. SINGAPPU NLR Vol :13, Page: 348
CAROLIS APPU v. DIONIS APPU et al. NLR Vol :14, Page: 390
RALPH MACDONALD & CO. v. THE COLOMBO HOTELS COMPANY NLR Vol :19, Page: 109
HEENHAMI v. MOHOTIHAMI NLR Vol :19, Page: 235
MEIDEEN v. BANDA (WALATAPPA CHETTY, Claimant) NLR Vol :1, Page: 51
SUPPIAH v. CROOS NLR Vol :22, Page: 97
BANDA v. DHARMARATNE NLR Vol :24, Page: 210
RAMEN CHETTY v. MACKWOOD NLR Vol :24, Page: 73
FERNANDO v. FERNANDO NLR Vol :26, Page: 292
HORATALA v. SANCHI et al., NLR Vol :26, Page: 426
GOVERNMENT AGENT, SABARAGAMUWA v. ASIRWATHAN et al., NLR Vol :29, Page: 367
FERNANDO et al., v. ARNOLIS NLR Vol :32, Page: 328
RAMAN CHETTY v. SHAWE et at., NLR Vol :33, Page: 16
DE SILVA v. NONOHAMY et al., NLR Vol :34, Page: 113
KUMARIHAMY v. DISSANAYAKE et al NLR Vol :37, Page: 345
THANGAMMA v. NAGALINGAM NLR Vol :39, Page: 143
17. ARUMOGAM v. VAITHIALINGAM NLR Vol :43, Page: 493
ROCHE ET AL. v. KEERTHIRATNE ET AL ., NLR Vol :46, Page: 97
SINNALEBBE v. MUSTAPHA NLR Vol :51, Page: 541
NALLAKARUPPEN CHETTIAR et al. v. HEPPONSTALL NLR Vol :52, Page: 396
ROCKLAND DISTILLERIES v. AZEEZ NLR Vol :52, Page: 490
IBRAHIM SAIBO, A.M.M. v. MANSOOR, S.D.M. NLR Vol :54, Page: 217
DON ALWIS v. VILLAGE COMMITTEE OF HIRIPITIYA NLR Vol :54, Page: 225
SINNATHAMBY et al., v. KANDIAH et al., NLR Vol :56, Page: 535
TENNEKOON v. DURAISAMY NLR Vol :59, Page: 481
THE UNITED INDIA FIRE AND GENERAL INSURANCE CO., LTD., v.
WEINMAN
NLR Vol :59, Page: 495
WEERAPPERUMA v. DE SILVA NLR Vol :61, Page: 481
PERERA v. DINGIRI MENIKA NLR Vol :63, Page: 169
JAYASUNDERA v. WEERAPPERUMA NLR Vol :64, Page: 265
PONNUTHURAI v. JUHAR NLR Vol :66, Page: 375
KANAGAMMAH v. KUMARAKULASINGHAM NLR Vol :66, Page: 529
CHARTERED BANK v. DE SILVA NLR Vol :67, Page: 135
PEERIS v. KIRILAMAYA NLR Vol :71, Page: 52
GOVERNMENT AGENT KALUTARA v. GUNARATNA NLR Vol :71, Page: 58
THEIVANAIPILLAI v. NALLIAH NLR Vol :74, Page: 307
D. D. L. KALUARACHCHI . v. CEYLON TRANSPORT BOARD NLR Vol :76, Page: 173
AHAMADO LEBBE v. MARIS APPU et al., NLR Vol :9, Page: 289
19. Intervention not otherwise allowed.
No person shall be allowed to intervene in a pending action otherwise than in pursuance of, and in conformity
with, the provisions of the last preceding section. And no person shall be added as plaintiff, or as the next
friend of a plaintiff, without his own consent thereto;
Except in under section 16.
Provided however that any person on cases whose behalf an action is instituted or under section defended may
apply to the 16. court to be made a party, and all parties whose names are so added as defendants shall be
served with a summons in manner hereinafter mentioned, and the proceedings as against them shall be
deemed to have begun only on the service of such summons.
18. COLOMBO SHIPPING CO. LTD. v. CHIRAYU
CLOTHING (PVT) LTD.
SLR
1995, Vol :2,
Page: 97
FERNANDO V. TENNAKOON SLR
2010, Vol :2,
Page: 22
MAPALATHAN v. ELAYAVAN NLR
Vol :41, Page:
115
D. D. L. KALUARACHCHI . v. CEYLON
TRANSPORT BOARD
NLR
Vol :76, Page:
173
20. Conduct of the action.
The court may give the conduct of the action to such plaintiff as it deems action proper.
No cases.
21. Amendment of plaint.
Where a defendant is added, the plaint shall, unless the court direct otherwise, 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.
HUSSAIN v. WADOOD AND
ANOTHER
SLR 1984, Vol :2, Page: 24
COLOMBO SHIPPING CO. LTD. v.
CHIRAYU CLOTHING (PVT) LTD.
SLR 1995, Vol :2, Page: 97
ROHANA v. SHYAMA ATTYGALA
&OTHERS
SLR 1999, Vol :3, Page: 381
SENEVIRATNE v. FERNANDO AND
OTHERS
SLR 2001, Vol :3, Page: 72
NIMALRAJ VS. THARMARAJAH AND
OTHERS
SLR 2005, Vol :3, Page: 309
ATUKORALE v. SAMYNATHAN NLR Vol :41, Page: 165
THOMAS SILVA v. HEMALATHA
HAMINE
NLR Vol :53, Page: 18
19. LEBBE v. SANDANAM NLR Vol :64, Page: 461
D. D. L. KALUARACHCHI . v. CEYLON
TRANSPORT BOARD
NLR Vol :76, Page: 173
22. Objections for non-joinder or misjoinder to be taken before
hearing.
All objections for want of parties, or for joinder of parties who have no interest in the action, or for misjoinder
as co- plaintiffs or co-defendants, shall be taken at the earliest 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.
ADLIN FERNANDO AND ANOTHER v. LIONEL FERNANDO AND
OTHERS
SLR 1995, Vol :2, Page: 25
SUSIL PERERA v. KELLY AND OTHERS SLR 2002, Vol :3, Page: 163
HAPUARATCHI AND ANOTHER VS DHANAPALA AND ANOTHER SLR 2005, Vol :3, Page: 141
JOHN SINNO v. JULIS APPU NLR Vol :10, Page: 351
HEENHAMI v. MOHOTIHAMI NLR Vol :19, Page: 235
FERNANDO v. PERERA NLR Vol :21, Page: 94
THE BANK OF CHETTINAD. LTD. v. THAMBIAH et al., NLR Vol :35, Page: 190
SLR 1995, Vol :2, Page
20. 23.Plaintiffs (or defendants) may authorize one of them to act
for them.
When there are more plaintiffs 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 proceeding under this Ordinance; and in like manner, when 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.
KANAGASUNDERAM v. SINNIAH NLR Vol :32, Page: 43
24.Appearances may be by party in person, his recognized
agent, or attorney-at-law.
Any appearance, application, or act in or to any court, required or authorized by law to be made or done by
a party to an action or appeal in such court, except only such appearances, applications, or acts as by 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.
GANGULWITIGAMA PANNALOKA THERO v. COLOMBO SARANANKARA
THERO AND OTHERS
SLR 1983, Vol :1, Page: 332
UDESHI AND OTHERS v. MATHER SLR 1988, Vol :1, Page: 12
HAMEED v. DEEN AND OTHERS SLR 1988, Vol :2, Page: 1
JINADASA AND ANOTHER v. SAM SILVA AND OTHERS SLR 1994, Vol :1, Page: 232
SHAFEER v. DHARMAPALA SLR 1995, Vol :2, Page: 181
FERNANDO v. SYBIL FERNANDO AND 2 OTHERS SLR 1996, Vol :2, Page: 169
FERNANDO v. SYBIL FERNANDO AND OTHERS SLR 1997, Vol :3, Page: 1
FERNANDO v. CEYLON BREWERYS LTD. SLR 1998, Vol :3, Page: 61
PAUL COIR (PVT) LTD. v. WAAS SLR 2000, Vol :2, Page: 167
DISTILLERIES COMPANY LTD. v. KARIYAWASAM AND OTHERS SLR 2001, Vol :3, Page: 119
WIJESUNDARA v. WIJESUNDARA SLR 2003, Vol :1, Page: 374
JAYAWARDENA AND OTHERS VS SAMPATH BANK SLR 2005, Vol :2, Page: 83
DISSANAYAKE VS HEMANTHA SLR 2006, Vol :2, Page: 12
21. KANDASAMY VS. KANDASAMY SLR 2006, Vol :2, Page: 260
KAROLIS v WICKREMARATNE SLR 2008, Vol :1, Page: 193
JEEVANI INVESTMENTS (PVT) LTD. v WIJESENA PERERA SLR 2008, Vol :1, Page: 207
RANJITH PERERA AND ANOTHER v DHARMADASA AND OTHERS SLR 2008, Vol :1, Page: 377
SOMASUNDARAM v. IBRAHIM SAIBU NLR Vol :1, Page: 297
IN THE MATTER OF AN APPLICATION OF FERNANO, L.S. NLR Vol :27, Page: 245
ANDIAPPA CHETTIAR v. SANMUGAM CHETTIAR NLR Vol :33, Page: 217
WARNASURIYA v. LUCY NONA et al., NLR Vol :49, Page: 313
URBAN COUNCIL OF DEHIWELA MOUNT LAVINIA et al., v. ANDY SILVA NLR Vol :57, Page: 562
MOHIDEEN ALI v. HASSIM NLR Vol :62, Page: 457
WICKRAMATILAKE v. DARSIN DE SILVA NLR Vol :62, Page: 97
RAJENDRA v. PARAKRAMAS LTD. NLR Vol :63, Page: 553
WIJESINGHE v. INCORPORATED COUNCIL OF LEGAL EDUCATION NLR Vol :65, Page: 364
WILLIAM SILVA v. SIRISENA NLR Vol :68, Page: 206
25. Recognized agents.
The recognized agents of parties by whom such appearances and applications 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.
UDESHI AND OTHERS v. MATHER SLR 1988, Vol :1, Page: 12
SCIENCE HOUSE (CEYLON) LIMITED. v. I. P. A. LABORATORIES PRIVATE
LIMITED.
SLR 1989, Vol :1, Page: 155
22. DAMAYANTHI ABEYWARDENE AND ANOTHER v. HEMALATHA
ABEYWARDENE AND OTHERS
SLR 1993, Vol :1, Page: 272
GRICILDA HEWA v. THOMAS HEWA SLR 1998, Vol :3, Page: 43
WIJESUNDARA v. WIJESUNDARA SLR 2003, Vol :1, Page: 374
JAYATILAKE v. LIYANAGE AND ANOTHER SLR 2003, Vol :2, Page: 190
UMMA ANINA v. JAWAHAR SLR 2004, Vol :2, Page: 1
VELAPPA CHETTY v. MEYDIN NLR Vol :1, Page: 333
RAMEN CHETTY v. MACKWOOD NLR Vol :24, Page: 73
THE BANK OF CHETTINAD. LTD. v. THAMBIAH et al., NLR Vol :35, Page: 190
KUMARIHAMY v. PUNCHI MENIKA NLR Vol :38, Page: 385
LANKA ESTATES AGENCY, LTD. v. COREA NLR Vol :52, Page: 477
BASTIAM PILLAI v. ANNA FERNANDO NLR Vol :54, Page: 113
ATTORNEY-GENERAL v. M. W. SILVA NLR Vol :61, Page: 500
WIJESINGHE v. INCORPORATED COUNCIL OF LEGAL EDUCATION NLR Vol :65, Page: 364
WILLIAM SILVA v. SIRISENA NLR Vol :68, Page: 206
26. Processes served on the recognized agent, effectual.
23. (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.
No cases.
27.Appointment of 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.
SEELAWATHIE AND ANOTHER v. JAYASINGHE SLR
1985, Vol :2, Page:
266
UDESHI AND OTHERS v. MATHER SLR
1988, Vol :1, Page:
12
HAMEED v. DEEN AND OTHERS SLR
1988, Vol :2, Page:
1
MANAPERI SOMAWATHIE v. BUWANESWARI SLR
1990, Vol :1, Page:
223
JINADASA AND ANOTHER v. SAM SILVA AND OTHERS SLR
1994, Vol :1, Page:
232
SHAFEER v. DHARMAPALA SLR
1995, Vol :2, Page:
181
FERNANDO v. SYBIL FERNANDO AND 2 OTHERS SLR
1996, Vol :2, Page:
169
FERNANDO v. SYBIL FERNANDO AND OTHERS SLR
1997, Vol :3, Page:
1
DIAS v. KARAWITA SLR
1999, Vol :1, Page:
98
PAUL COIR (PVT) LTD. v. WAAS SLR
2000, Vol :2, Page:
167
DISTILLERIES COMPANY LTD. v. KARIYAWASAM AND
OTHERS
SLR
2001, Vol :3, Page:
119
24. WANIGARATNA v. DISSANAYAKE SLR
2002, Vol :2, Page:
331
NATIONAL INSURANCE CORPORATION v. VIOLET SLR
2002, Vol :3, Page:
337
KARUNAWATHIE V JABIR AND OTHERS SLR
2004, Vol :3, Page:
123
SlRlWARDENA AND OTHERS VS JOHN KEELS CO.
LIMITED
SLR
2005, Vol :2, Page:
89
JEEVANI INVESTMENTS VS.WIJESENA SLR
2005, Vol :3, Page:
256
ALIMA UMMA VS SIYANERIS SLR
2006, Vol :1, Page:
22
DISSANAYAKE VS HEMANTHA SLR
2006, Vol :2, Page:
12
JEEVANI INVESTMENTS (PVT) LTD. v WIJESENA
PERERA
SLR
2008, Vol :1, Page:
207
RANJITH PERERA AND ANOTHER v DHARMADASA AND
OTHERS
SLR
2008, Vol :1, Page:
377
S. P. GUNATILAKE V. S. P. SUNlL EKANAYAKE SLR
2010, Vol :2, Page:
191
LE MESURIER v. THE ATTORNEY-GENERAL NLR Vol :10, Page: 67
PERERA v. PERERA. NLR Vol :11, Page: 1
TILLEKERATNE v. WIJESINHE NLR Vol :11, Page: 270
FERNANDO et al. v. MATHEW et al. NLR Vol :15, Page: 88
TIMES OF CEYLON Co. v. LOW NLR Vol :16, Page: 434
IN THE MATTER OF AN APPLICATION OF FERNANO,
L.S.
NLR Vol :27, Page: 245
NELSON DE SILVA v. CASINATHAN, S. NLR Vol :55, Page: 121
KADIRGAMADAS v. SUPPIAH NLR Vol :56, Page: 172
KANDIAH v. VAIRAMUTTU NLR Vol :60, Page: 1
ATTORNEY-GENERAL v. M. W. SILVA NLR Vol :61, Page: 500
MOHIDEEN ALI v. HASSIM NLR Vol :62, Page: 457
WILLIAM SILVA v. SIRISENA NLR Vol :68, Page: 206
L.J. PEIRIS & Co.LTD v. PEIRIS NLR Vol :74, Page: 261
25. 28. Death or incapacity Of registered attorney.
If any such registered attorney as in the last preceding section is mentioned shall die, or be removed or
suspended, or otherwise become incapable to act as aforesaid, at any time before judgment, no further
26. proceeding shall be taken in 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.
HAMEED v. DEEN AND OTHERS SLR
1988, Vol :2, Page:
1
MANAPERI SOMAWATHIE v. BUWANESWARI SLR
1990, Vol :1, Page:
223
FERNANDO v. SYBIL FERNANDO AND 2 OTHERS SLR
1996, Vol :2, Page:
169
SAHEEDA UMMA AND ANOTHER v. HANIFFA AND OTHERS SLR
1999, Vol :1, Page:
150
ISEK FERNANDO v. RITA FERNANDO AND OTHERS SLR
1999, Vol :3, Page:
29
KALAWANE DHAMMADASSI THERO v. MAWELLA
DHAMMAVISUDDHI TRERO et al.,
NLR Vol :57, Page: 400
29. Service on registered attorney.
Any process served on the registered attorney of any party or left at the office or ordinary residence of such
registered attorney, relative to an action or appeal, 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.
RASIAH v. RANMANY AND OTHERS SLR
1978-79, Vol :2, Page:
88
ISEK FERNANDO v. RITA FERNANDO AND OTHERS SLR 1999, Vol :3, Page: 29
DISSANAYAKE VS HEMANTHA SLR 2006, Vol :2, Page: 12
HASWl VS. JAYTISSA AND TWO OTHERS SLR 2011, Vol :1, Page: 94
URBAN COUNCIL OF DEHIWELA MOUNT LAVINIA et al., v. ANDY
SILVA
NLR Vol :57, Page: 562
AHAMADULEBBAI v. JUBARIUMMAH NLR Vol :62, Page: 474
WICKRAMATILAKE v. DARSIN DE SILVA NLR Vol :62, Page: 97
NAGAPPAN v. LANKABARANA NLR Vol :75, Page: 488
PONNAMMA v. ARMUGAM NLR Vol :8, Page: 223
27. 30. Agent to accept service.
Besides the recognized agents described in section 25, any person residing within the jurisdiction of the court
may be appointed an agent to accept service of process. Such appointment may be special or general, and
shall be made by an instrument in writing signed by the principal, which shall contain an address at which
such service may be made, and which, or, if the appointment be general, a duly attested copy thereof, shall
be filed in court.
No appointment under this section shall be of any force or effect for the purpose of enabling or authorizing
process to be served on an agent so appointed in any action to recover money due upon the mortgage of
immovable property.
HAROLD FERNANDO v. FONSEKA AND OTHERS SLR
1998, Vol :3, Page:
301
SALIH v HEMAWATHIE SLR
2004, Vol :3, Page:
91
30A. Agent to accept service in action upon mortgage of
immovable property.
[2,12 of 1973]
(1) The mortgagor of any immovable property may make application for the registration of the address of any
registered 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.
28. [Sections 31 and 32 repealed by Law No. 20 of 1977]
No cases.
33. Regular action how to be framed.
Every regular action shall, as far as Regular action, practicable, be so framed as to afford how to be ground
for a final decision upon the subjects framed, in dispute, and so to prevent further litigation concerning them,
BROWN AND COMPANY v. STEUART INDUSTRIES LTD. SLR 1982, Vol :2, Page: 440
GANGULWITIGAMA PANNALOKA THERO v. COLOMBO
SARANANKARA THERO AND OTHERS
SLR 1983, Vol :1, Page: 332
PANNALOKA THERO v. SARANANKARA THERO SLR 1983, Vol :2, Page: 523
KEERTHIWANSA v. URBAN COUNCIL HORANA AND 3 OTHERS SLR 2001, Vol :3, Page: 252
FERNANDO et al., v. ARNOLIS NLR Vol :32, Page: 328
V. C. MAMMOO V. M. P. K. MENON NLR Vol :66, Page: 289
SELESTINA FERNANDO v. CYRIL FERNANDO AND ANOTHER NLR Vol :80, Page: 198
WIJESINGHE.M.D.I v. ASLIN NONA NLR Vol :80, Page: 213
PONNIAH v. PAYHAMY NLR Vol :8, Page: 375
34.Every action 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
29. 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.
BROWN AND COMPANY v. STEUART INDUSTRIES LTD. SLR 1982, Vol :2, Page: 440
GANGULWITIGAMA PANNALOKA THERO v. COLOMBO SARANANKARA
THERO AND OTHERS
SLR 1983, Vol :1, Page: 332
PANNALOKA THERO v. SARANANKARA THERO SLR 1983, Vol :2, Page: 523
ROSHAN PEIRIS v. EDIRISINGHE SLR 1986, Vol :2, Page: 147
GOVERNMENT MEDICAL OFFICERS ASSOCIATION AND ANOTHER v.
SENANAYAHE
SLR 2001, Vol :3, Page: 377
KRISHNAMOORTHY v. GANESHAN SLR 2004, Vol :1, Page: 374
PEOPLE'S BANK AND SEVEN OTHERS V. YASASlRl KASTHURIARACHCHI SLR 2010, Vol :1, Page: 227
CARD v. AROLIS NLR Vol :10, Page: 173
IBRAHIM BAAY v. ABDUL RAHIM NLR Vol :12, Page: 177
BASTIAN SILVA v. MARIANO SILVA NLR Vol :12, Page: 181
MOHAMED CASSIM v. SINNE LEBBE MARICAR NLR Vol :12, Page: 184
HOLLOWAY et al v. PERERA NLR Vol :13, Page: 198
DINGIRI MENIKA v. PUNCHI MAHATMAYA et al., NLR Vol :13, Page: 59
ALLAGASAMY v. THE KALUTARA CO., LTD. NLR Vol :14, Page: 262
KING v. JAYATILLEKE NLR Vol :15, Page: 151
PALANIAPPA CHETTY v. SAMINATHAN CHETTY et al. NLR Vol :15, Page: 161
MOHIDEEN v. PITCHE NLR Vol :17, Page: 410
PALANIAPPA v. SAMINATHAN et al. NLR Vol :17, Page: 56
BUDDHARAKITA TERUNNANSE v. GUNASEKARA NLR Vol :1, Page: 206
FERNANDO v. PERERA NLR Vol :25, Page: 197
PALANIAPPA CHETTY v. MORTIMER NLR Vol :25, Page: 209
ANNAMALAY CHETTY v. THRONHILL NLR Vol :29, Page: 494
PANDITHAN CHETTIAR v. SINGHAPPUHAMY NLR Vol :37, Page: 310
SAIBO et al. v. ABUTHAHIR et al NLR Vol :37, Page: 319
VANDERPOORTEN v. PEIRIS NLR Vol :39, Page: 5
30. ODIRISHAMY v. ELARIS NLR Vol :46, Page: 68
LEMPHERS v. ANTHONY APPUHAMY NLR Vol :5, Page: 181
HERATH v. ATTORNEY GENERAL NLR Vol :60, Page: 193
EBHRAMJEE v. SIMON SINGHO NLR Vol :62, Page: 261
V. C. MAMMOO V. M. P. K. MENON NLR Vol :66, Page: 289
KANDIAH v. KANDASAMY NLR Vol :73, Page: 105
MORAIS v. VICTORIA NLR Vol :73, Page: 409
FERNANDO v. THE VILLAGE COUNCIL OF ANDIAMBALAMA NLR Vol :78, Page: 4
MERCANTILE BANK LTD. v. ANVER NLR Vol :78, Page: 481
DHAMMADAJA THERO v. WIMALAJOTHI THERO NLR Vol :79, Page: 145
SELESTINA FERNANDO v. CYRIL FERNANDO AND ANOTHER NLR Vol :80, Page: 198
WIJESINGHE.M.D.I v. ASLIN NONA NLR Vol :80, Page: 213
35. Joinder of claims in actions for immovable property.
(1) In an action for the recovery of immovable property, or to obtain a declaration of title to immovable
property, no other claim, or any cause of action, shall be made unless with the leave of the court, except
(a) claims in respect of mesne profits or arrears of rent in respect of the property claimed;
(b) damages for breach of any contract under which the property or any part thereof is held; or consequential
on the trespass which constitutes the cause of action; and
(c) claims by a mortgagee to enforce any of his remedies under the mortgage. Example. A sues B to recover
land upon the allegation that the land belongs to C, and that he. A, has bought it of C. A makes C a party
defendant; but he cannot, without leave of the court, join with this claim an alternative claim for damages
against C for non-performance of his contract of sale.
In actions against executors, & c.
(2) No claim by or against an executor, administrator, or heir, as such, shall in any action be joined with
claims by or against him personally unless the last-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.
FERNANDO v. LAKSHMAN PERERA SLR 2000, Vol :2, Page: 413
EDIRISINGHE v. WIMALAWARDANE AND ANOTHER SLR 2002, Vol :3, Page: 343
MASEENA v. SAHUD AND ANOTHER SLR 2003, Vol :3, Page: 109
PEIRIS AND ANOTHER vs SIRIPALA SLR 2009, Vol :1, Page: 75
MASTER DIVERS (PVT.) LTD., VS. ANUSHA KARUNARATNE AND OTHERS SLR 2010, Vol :1, Page: 403
KIRI BANDA v. SLEMA LEBBE NLR Vol :11, Page: 348
31. HOLLOWAY et al v. PERERA NLR Vol :13, Page: 198
ALLAGASAMY v. THE KALUTARA CO., LTD. NLR Vol :14, Page: 262
MUTTUNAYAGAM v. BRITO et al., NLR Vol :22, Page: 329
MENIKA v. MENIKA et al., NLR Vol :25, Page: 6
WYREMUTTU v. ELIYATAMBY NLR Vol :2, Page: 213
MUTTUMENIKA v. SUDUMENIKA NLR Vol :45, Page: 58
A.NAGARAJAH v. A. JEBARATNARAJAH NLR Vol :69, Page: 475
JAYASEKERA v. SINNA KARUPPAN NLR Vol :69, Page: 88
36. In 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: court may order separation.
But if it appears to the court that an such causes of action cannot be conveniently tried or disposed of together,
the court may, at any time before the hearing, of its own motion or on the application of any 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).
PREMANIE SAMARASINGHE v. LEELARAJA SAMARASINGHE SLR 1990, Vol :1, Page: 31
ADLIN FERNANDO AND ANOTHER v. LIONEL FERNANDO AND OTHERS SLR 1995, Vol :2, Page: 25
COLGAN AND OHTERS v. UDESHI AND OTHERS SLR 1996, Vol :2, Page: 220
AMEER v. KULATUNGE SLR 1996, Vol :2, Page: 398
HAPUARATCHI AND ANOTHER VS DHANAPALA AND ANOTHER SLR 2005, Vol :3, Page: 141
STASSEN EXPORTS LTD. VS. REGISTRAR OF PATENTS AND TRADE
MARKS AND OTHERS
SLR 2006, Vol :1, Page: 340
LONDON AND LANCASHIRE FIRE INSURANCE COMPANY v. P & O
COMPANY et al.,
NLR Vol :18, Page: 15
KALUHAMY et al v. APPUHAMY et al., NLR Vol :18, Page: 87
FERNANDO v. PERERA NLR Vol :21, Page: 94
APPUHAMY v. WALKER et al., NLR Vol :22, Page: 313
KANAGASABAPATHY v. KANAGASABAI et al., NLR Vol :25, Page: 173
FERNANDO et al., v. FERNANDO NLR Vol :39, Page: 145
32. MAPALATHAN v. ELAYAVAN NLR Vol :41, Page: 115
ROCHE ET AL. v. KEERTHIRATNE ET AL ., NLR Vol :46, Page: 97
PODIHAMY ET AL v. SEIMON APPU NLR Vol :47, Page: 503
THANGAMMAH v. KANAGASABAI NLR Vol :51, Page: 500
THIRUMALAY v. KULANDAVELU NLR Vol :66, Page: 285
A.NAGARAJAH v. A. JEBARATNARAJAH NLR Vol :69, Page: 475
JAYASEKERA v. SINNA KARUPPAN NLR Vol :69, Page: 88
PONNUDURAI v. SITHAMPARAPILLAI NLR Vol :71, Page: 315
MORAIS v. VICTORIA NLR Vol :73, Page: 409
WERAGAMA v. BANDARA NLR Vol :77, Page: 289
37. Application by defendant in such cases.
Any defendant alleging that the plaintiff has united in the same action several causes of action, which cannot
be conveniently disposed of in one 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.
ADLIN FERNANDO AND ANOTHER v. LIONEL FERNANDO AND OTHERS SLR 1995, Vol :2, Page: 25
RODRIGO VS. THE FINANCE CO. LTD AND ANOTHER SLR 2005, Vol :2, Page: 285
HAPUARATCHI AND ANOTHER VS DHANAPALA AND ANOTHER SLR 2005, Vol :3, Page: 141
MAPALATHAN v. ELAYAVAN NLR Vol :41, Page: 115
38. Order of 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.
COLOMBO SHIPPING CO. LTD. v. CHIRAYU CLOTHING (PVT)
LTD.
SLR 1995, Vol :2, Page: 97
33. PERERA v GEEKIYANA SLR
2007, Vol :1, Page:
202
SOMALOKA TERUNNANSE v. SOMALANKARA TERUNNANSE et al,. NLR Vol :3, Page: 380
LEBBE v. SANDANAM NLR Vol :64, Page: 461
39. Regular action to commence by plaint.
[6,20 of 1977]
[3,79 of 1988]
Every action of regular procedure shall be instituted by presenting a duly stamped written plaint to the court,
or to such officer as the court shall appoint in that behalf. The plaint shall be accompanied by such number of
summonses in Form No, 16 in the First Schedule as there are defendants, and a precept in Form" No. 17 of
the said Schedule.
WIGNESWAREN v. THAMBIPILLAI SLR 1983, Vol :1, Page: 325
WIJERATNE AND ANOTHER v. WEERATUNGA SLR 1999, Vol :1, Page: 332
YOUSOOF MOHAMED AND ANOTHER v. INDIAN OVERSEAS
BANK
SLR 1999, Vol :3, Page: 278
Requisites of Plaint
[7,20 of 1977]
40. The plaint shall be distinctly written upon good and suitable paper, and shall plaint contain the following
particulars.
(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,
34. 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.
HAMEED ALIAS ABDUL RAHMAN v. WEERASINGHE AND OTHERS SLR 1989, Vol :1, Page: 217
GUNASENA v. KANDAGE AND OTHERS SLR 1997, Vol :3, Page: 393
G.T.E. DIRECTORIES LANKA (PVT) LTD. v. MUKTHAR MARIKKAR AND
ANOTHER
SLR 1998, Vol :3, Page: 180
ANTHONY v. WEERASINGHE SLR 2000, Vol :2, Page: 212
NARENDRA v. SEYLAN MERCHANT BANK LTD. AND OTHERS SLR 2003, Vol :2, Page: 1
MASEENA v. SAHUD AND ANOTHER SLR 2003, Vol :3, Page: 109
LESLIE SlLVA VS PERERA SLR 2005, Vol :2, Page: 184
ATUKORALE v. SAMYNATHAN NLR Vol :41, Page: 165
WIJEWARDENE v. LENORA NLR Vol :60, Page: 457
SUBRAMANIAN v. SEENIAR NLR Vol :61, Page: 433
K.THIAGARAJAH v. P.KARTHIGESU NLR Vol :69, Page: 73
MUNICIPAL COUNCIL OF JAFFNA v. DODWELL & Co. LTD. NLR Vol :74, Page: 25
SURIAN PULLE et al. v. SILVA et al., NLR Vol :9, Page: 80