CIVIL PROCEDURE CODE AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE PROCEDURE OF THE CIVIL COURTS. Ordinance Nos, 12 of 1895 23 of 1901 12 of 1904 14 of 1907 31 of 1909 9 of 1917 39 of 1921 42 of 1921 21 of 1927 23 of 1927 25 of 1927 15 of 1930 26 of 1930 4 of 1940 18 of 1944 39 of 1945 Law Nos, 12 of 1973 44 of 1973 25 of 1975 19 of 1977 20 of 1977 Act Nos, 7 of 1949 43 of 1949 20 of 1954 48 of 1954 32 of 1957 49 of 1958 3 of 1960 24 of 1961 5 of 1964 23 of 1969 24 of 1969 53 of 1980 th 79 of 1988 [18 December , 1988 ] [ Gazette No - 656-24-1991] th 2 of 1990 [6 March , 1990 ] th 6 of 1990 [6 March , 1990 ] th 9 of 1991 [8 March , 1991 ] th 6 of 1993 [18 February , 1993 ] st 14 of 1993 [31 March , 1993 ] [ Gazette No - 772-1-1993] th 11 of 1995 [30 June , 1995 ] rd 12 of 1996 [3 July , 1996 ] nd 14 of 1997 [22 July , 1997 ] nd 38 of 1998 [22 June , 1998 ] st 34 of 2000 [21 July , 2000 ] th 20 of 2002 [4 October , 2002 ] [1st August , 1890 ] CHAPTER I PRELIMINARY Short title.1 . This Ordinance may be cited as the Civil Procedure Code. Where no provision is 4. In every case in which no provision is made by this Ordinance, the made special procedure and practice hitherto in force shall be followed, and if any directions to be given matter of procedure or practice for which no provision is made by this by Court of Appeal. Ordinance or by any law for the time being in force shall after this Ordinance comes into operation arise before any court, such court shall thereupon make application to the Court of Appeal for, and the Court of Appeal shall and is hereby required to give, such special orders and directions thereupon as the justice of the case shall require : Provided always that nothing in this Ordinance contained shall be held in any way to affect or modify any special rules of procedure which, under or by virtue of the provisions of any enactment, may have from time to time been laid down or prescribed to be followed by any civil court in Sri Lanka in the conduct of any action, matter, or thing of which any such court can lawfully take cognizance, except in so far as any such provisions are by this Ordinance expressly repealed or modified. Interpretation 5. The following words and expressions in this Ordinance shall have the meanings hereby assigned to them, unless there is something in the subject or context repugnant thereto; "action" is a proceeding for the prevention or redress of a wrong; [2,20 of "Attorney-General" includes the Solicitor-General, the Additional Solicitor-General and 1977] any State Counsel specially authorized by the Attorney-General to represent the Attorney- General; "cause of action" is the wrong for the prevention or redress of which an action may be brought, and includes the denial of a right, the refusal to fulfill an obligation, the neglect to perform a duty and the infliction of an affirmative injury; "civil court" means a court in which civil actions may be brought; "counsel" means an attorney-at-law instructed by a registered attorney; "court" means a Judge empowered by law to act judicially alone, or a body of Judges empowered by law to act judicially as a body, when such Judge or body of Judges is acting judicially; "decree" means the formal expression of an adjudication upon any right claimed or defence set up in a civil court, when such adjudication, so far as regards the court expressing it, decides the action or appeal; (An order rejecting a plaint is a decree within this definition.) [2,79 of 1988] "Fiscal" includes a Deputy Fiscal "foreign court" means a court situate beyond the limits of, and not having authority in, Sri Lanka; "foreign judgment" means the judgment of a foreign court; [2,20 of "Judge" means the presiding officer of a court and includes Judges of the Supreme Court 1977] and of the Court of Appeal, District Judges, Judges of Family Courts and Judges of Primary Courts; "judgment" means the statement given by the Judge of the grounds of a decree or order; "judgment-creditor" and " decree-holder " mean any person in whose favor a decree or order capable of execution has been made, and include any transferee of such decree or order; "judgment-debtor" means any person against whom a decree or order capable of execution has been made; [2,20 of "legal document" includes all processes, pleadings, petitions, affidavits, notices, motions 1977] and other documents, proceedings, and written communications; "order" means the formal expression of any decision of a civil court which is not a decree; "original court " includes District Courts, Family Courts and Primary Courts; [2,20 of "Public Trustee" means the Public Trustee of Sri Lanka appointed under the Public 1977] Trustee Ordinance and includes a Deputy Public Trustee or any other state officer generally or specially authorized by the Public Trustee to act on his behalf; "recognized agent" includes the persons designated under that name in section 25 and no others; [2,20 of " registered attorney " means an attorney-at-law appointed under Chapter V by a party or 1977] his recognized agent to act on his behalf; [2,20 of "Registrar" in relation to a court - includes an Additional, Deputy or Assistant 1977] Registrar; "signed" includes "marked" when the person making the mark is unable to write; [2,20 of 1977] "the Island" and "this Island" means respectively the Island of Sri lanka; "written" and "writing" include "printed" and "print" and "lithographed" and "lithograph" respectively. PART I OF ACTIONS IN GENERAL CHAPTER II GENERAL PROVISIONS Action.6. Every application to a court for relief or remedy obtainable through the exercise of the court's power or authority, or otherwise to invite its interference, constitutes an action. Procedure of an action. 7. The procedure of an action may be either " regular " or " summary ". Illustrations In actions of which the procedure is regular, the person against whom the application is made is called upon to formally state his answer to the case which is alleged against him in the application before any question of fact is entertained by the court, or its discretion thereon is in any degree exercised. In actions of which the procedure is summary, the applicant simultaneously with preferring his application supports with proper evidence the statement of fact made therein; and if the court in its discretion considers that a prima facie case is thus made out (a) either the order sought is immediately passed against the defendant before he has been afforded an opportunity of opposing it, but subject to the expressed qualification that it will only lake effect in the event of his not showing any good cause against it on a day appointed therein for the purpose; (b) or a day is appointed by the court for entertaining the matter of the application on the evidence furnished, and notice is given to the defendant that he will be heard in opposition to it on that day if he thinks proper to come before the court for that purpose. Procedure of 8. Save and except actions in which it is by this Ordinance or any other law action to be specially provided that proceedings may be taken by way of summary ordinarily regular. procedure, every action shall commence and proceed by a course of regular [2,53 of 1980] procedure, as hereinafter prescribed. CHAPTER III OF THE COURT OF INSTITUTION OF ACTION Institution of actions: 9. Subject to the pecuniary or other limitations prescribed by any law, in what court action shall be instituted in the court within the local limits of whose jurisdiction (a) a party defendant resides; or (b) the land in respect of which the action is brought lies or is situate in whole or in part; or (c) the cause of action arises; or (d) the contract sought to be enforced was made. When one of two When it is alleged to be uncertain within the local limits of the jurisdiction of or more courts which of two or more courts any immovable property is situate, any one of may entertain an those courts may, if satisfied that there is ground for the alleged uncertainty, action. record a statement to that effect, and thereupon proceed to entertain and dispose of any action relating to that property; and its decree in the action shall have the same effect as if the property were situate within the local limits of its jurisdiction: Provided that the action is one with respect to which the court is competent as regards the nature and value of the action to exercise jurisdiction. Of application for 10. Any of the parties to an action which is pending in any original court withdrawal and may, before trial, and after notice in writing to the other parties of his transfer of action intention so to do, apply to the Court of Appeal by motion, which shall be [3,20 1977] supported by affidavit setting out the grounds on which it is based, for the withdrawal of such action from the court in which it is pending and for the transfer of it for trial to any other court competent to try the same in respect of its nature and the amount or value of its subject-matter.