Civil Procedure Code - WIPO
Print CloseCIVIL PROCEDURE CODEAN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THEPROCEDURE OF THE CIVIL COURTS.Ordinance 271927192719301930194019441945Law Nos,1244251920ofofofofof19731973197519771977Act 9019901991199319931995199619971998200020022005[1 st August , 1890 ]CHAPTER IPRELIMINARYShort title.1. This Ordinance may be cited as the Civil Procedure Code.
Where no4. In every case in which no provision is made by this Ordinance, the procedure and practiceprovision is madehitherto in force shall be followed, and if any matter of procedure or practice for which nospecial directionsprovision is made by this Ordinance or by any law for the time being in force shall after thisto be given byOrdinance comes into operation arise before any court, such court shall thereupon makeCourt of Appeal.application to the Court of Appeal for, and the Court of Appeal shall and is hereby required togive, 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 ormodify any special rules of procedure which, under or by virtue of the provisions of anyenactment, may have from time to time been laid down or prescribed to be followed by anycivil court in Sri Lanka in the conduct of any action, matter, or thing of which any such courtcan lawfully take cognizance, except in so far as any such provisions are by this Ordinanceexpressly repealed or modified.Interpretation.5. The following words and expressions in this Ordinance shall have the meanings hereby[2,20 of 1977][2,79 of 1988][2,20 of 1977][2,20 of 1977][2,20 of 1977][2,20 of 1977][2,20 of 1977][2,20 of 1977]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;"Attorney-General" includes the Solicitor-General, the Additional Solicitor-General and anyState Counsel specially authorized by the Attorney-General to represent the AttorneyGeneral;"cause of action" is the wrong for the prevention or redress of which an action may bebrought, and includes the denial of a right, the refusal to fulfill an obligation, the neglect toperform 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 Judgesempowered by law to act judicially as a body, when such Judge or body of Judges is actingjudicially;"decree" means the formal expression of an adjudication upon any right claimed or defenceset 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.)"Fiscal" includes a Deputy Fiscal"foreign court" means a court situate beyond the limits of, and not having authority in, SriLanka;"foreign judgment" means the judgment of a foreign court;"Judge" means the presiding officer of a court and includes Judges of the Supreme Courtand of the Court of Appeal, District Judges, Judges of Family Courts and Judges of PrimaryCourts;"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 ordercapable 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 executionhas been made;"legal document" includes all processes, pleadings, petitions, affidavits, notices, motions andother documents, proceedings, and written communications;"order" means the formal expression of any decision of a civil court which is not a decree;"original court " includes District Courts, Family Courts and Primary Courts;"Public Trustee" means the Public Trustee of Sri Lanka appointed under the Public TrusteeOrdinance and includes a Deputy Public Trustee or any other state officer generally orspecially authorized by the Public Trustee to act on his behalf;"recognized agent" includes the persons designated under that name in section 25 and noothers;" registered attorney " means an attorney-at-law appointed under Chapter V by a party or hisrecognized agent to act on his behalf;"Registrar" in relation to a court - includes an Additional, Deputy or Assistant Registrar;"signed" includes "marked" when the person making the mark is unable to write;"the Island" and "this Island" means respectively the Island of Sri lanka;"written" and "writing" include "printed" and "print" and "lithographed" and "lithograph"respectively.PART I
OF ACTIONS IN GENERALCHAPTER IIGENERAL PROVISIONSAction.6. Every application toProcedure of anaction.7. The procedure of an action may be either " regular " or " summary ".a court for relief or remedy obtainable through the exercise of thecourt's power or authority, or otherwise to invite its interference, constitutes an action.IllustrationsIn actions of which the procedure is regular, the person againstwhom the application is made is called upon to formally state hisanswer to the case which is alleged against him in the applicationbefore any question of fact is entertained by the court, or itsdiscretion thereon is in any degree exercised.In actions of which the procedure is summary, the applicantsimultaneously with preferring his application supports with properevidence the statement of fact made therein; and if the court in itsdiscretion considers that a prima facie case is thus made out(a) either the order sought is immediately passed against thedefendant before he has been afforded an opportunity of opposingit, but subject to the expressed qualification that it will only lakeeffect in the event of his not showing any good cause against it ona day appointed therein for the purpose;(b) or a day is appointed by the court for entertaining the matter ofthe application on the evidence furnished, and notice is given tothe defendant that he will be heard in opposition to it on that day ifhe thinks proper to come before the court for that purpose.Procedure of8. Save and except actions in which it is by this Ordinance or any other law speciallyaction to beprovided that proceedings may be taken by way of summary procedure, every action shallordinarily regular.commence and proceed by a course of regular procedure, as hereinafter prescribed.[2,53 of 1980]CHAPTER IIIOF THE COURT OF INSTITUTION OF ACTIONInstitution ofactions: in whatcourt.9.When one of twoor more courtsmay entertain anaction.When it is alleged to be uncertain within the local limits of the jurisdiction of which of two ormore courts any immovable property is situate, any one of those courts may, if satisfied thatthere is ground for the alleged uncertainty, record a statement to that effect, and thereuponproceed to entertain and dispose of any action relating to that property; and its decree in theaction shall have the same effect as if the property were situate within the local limits of itsjurisdiction:Provided that the action is one with respect to which the court is competent as regards thenature and value of the action to exercise jurisdiction.Subject to the pecuniary or other limitations prescribed by any law, action shall beinstituted 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 wholeor in part; or(c) the cause of action arises; or(d) the contract sought to be enforced was made.Of application for 10. Any of the parties to an action which is pending in any original court may, before trial,withdrawal andand after notice in writing to the other parties of his intention so to do, apply to the Court oftransfer of action.Appeal by motion, which shall be supported by affidavit setting out the grounds on which it is[3,20 1977]based, for the withdrawal of such action from the court in which it is pending and for thetransfer of it for trial to any other court competent to try the same in respect of its nature andthe amount or value of its subject-matter. And the Court of Appeal may, on any suchapplication after hearing such of the parties as desire to be heard, and on being satisfied thatsuch 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,Stamp duty.Withdraw any such action pending in any such court, and transfer it for trial to any other suchcourt as aforesaid, upon any terms that the Court of Appeal shall think fit. When the actionmight have been instituted in any one of several courts, the balance of convenience onlyshall be deemed sufficient cause for such withdrawal and transfer to one of the alternativecourts.In no case in which any action is so transferred as aforesaid from one court to another shallany stamp fee be leviable in the court to which the action is transferred on any pleading orexhibit on which the proper stamp fee has been paid in the court from which the action is sotransferred.CHAPTER IVOF PARTIES AND THEIR APPEARANCES, APPLICATIONS, ANDACTSPlaintiffs.11. All persons may be joined as plaintiffs in whom the right to any relief claimed is allegedto exist, whether jointly, severally, or in the alternative, in respect of the same cause ofaction. And judgment may be given for such one or more of the plaintiffs as may be found tobe entitled to relief for such relief as he or they may be entitled to, without any amendment ofthe plaint for that purpose. But the defendant though unsuccessful, shall be entitled to hiscosts occasioned by so joining any person who is not found entitled to relief, unless the courtin disposing of the costs of the action otherwise directs.Where joint12. Where two or more persons are entitled to the possession of immovable property astenants or tenantsjoint tenants or tenants in common, one or more of them may maintain an action in respect ofin common.his or their undivided shares in the property in any case where such an action might bemaintained by all.Substituted and 13. Where an action has been instituted in the name of the wrong person as plaintiff, oradded plaintiffs.where it is doubtful whether it has been instituted in the name of the right plaintiff, the courtmay at any stage of the action, if satisfied that the action has been so commenced through abona fide mistake, and that it is necessary for the determination of the real matter in disputeso to do, order any other person or persons, with his or their consent, to be substituted oradded as plaintiff or plaintiffs, upon such terms as the court thinks just.Defendants.14. All persons may be joined as defendants against whom the right to any relief is allegedto exist, whether jointly, severally, or in the alternative, in respect of the same cause ofaction. And judgment may be given against such one or more of the defendants as may befound to be liable, according to their respective liabilities, without any amendment.Substitution where 14A.person againstwhom a right toany relief isalleged to existdies and the rightto sue for reliefsurvives.[2,6 of 1990](1) Where a person against whom the right to any relief is alleged to exist isdead and the right to sue for such relief survives, the person in whom suchright is alleged to exist, may make an application by way of summaryprocedure supported by affidavit to the court in which an action for the samemay 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 anyperson whom he alleges to be the legal representative, asdefined in section 394 (2), of the deceased and whom he desiresto be made the defendant in the proposed action in place of thedeceased. Such application shall also specify the name,description, and place of abode of the person or persons whomthe applicant alleges to be the other heir or heirs of thedeceased; or(b) Where probate of the will or letters of administration to theestate of the deceased has not been issued or its issue is likely tobe unduly delayed, specifying, the name, description, and placeof abode of any person whom he alleges to be the person to
whom probate of the will or letters of administration to the estateof the deceased would ordinarily be issued and whom he desiresto be made the defendant in the proposed action in place of thedeceased. Such application shall also specify the name,description, and place of abode of the person or persons whomthe applicant alleged to be the heir or heirs of the deceased.(2) Upon receipt of an application under paragraph (a) of subsection (1), andthe court where it is satisfied that there are grounds therefor, and, after theissue of notice on the representative named in such application and suchother persons, if any, and after causing notice of such application, (in the formNo.2A in the First Schedule) to be advertised in a local newspaper to beselected by the court, or by such other mode of advertisement in lieu of suchpublication as to the court seems sufficient, and after such inquiry as the courtmay consider necessary and upon such terms as it thinks fit, the court mayorder that such representative or such other person as the court may considerfit 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 mayobject that he is not the legal representative of the deceased or that he shouldnot be appointed in place of the deceased.(3) Upon receipt of an application under paragraph (b) of subsection (1), thecourt may, where it is satisfied that probate of the will or letters ofadministration to the estate of the deceased has not been issued or is likely tobe unduly delayed, and, after the issue of notice on the person alleged in suchapplication to be the person to whom probate of the will or letters ofadministration to the estate of the deceased would ordinarily be issued andsuch 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 selectedby the court or by some other mode of advertisement in lieu of suchpublication as to the court seems sufficient, and after such inquiry as the courtmay consider necessary and upon such terms as it thinks fit, order that theperson, who appears to the court to be the person to whom probate of the willor letters of administration to the estate of the deceased would ordinarily beissued, be appointed in place of the deceased, for the institution of suchaction:Provided, that the person to be so appointed may object that he is not theperson to whom probate of the will or letters of administration to the estate ofthe deceased would ordinarily be issued or that he should not be appointed inplace of the deceased.(4) Notwithstanding the provisions of subsection (2) or subsection (3), thecourt 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 wouldrender such action not maintainable by reason of the provisionsof the Prescription Ordinance; or(b) a period of six months had lapsed after the death of thedeceased.(5) Where after an order appointing a representative in place of the deceasedhas been made under subsection (2) or subsection (3) and an action institutedagainst such person in place of such deceased, an executor of the will, or anadministrator of the estate, as the case may be, of such deceased, isappointed in proceedings instituted under Chapter XXXVIII of this Code, suchexecutor or administrator shall, on the application by way of summaryprocedure, supported by affidavit, made by the plaintiff or any other party tosuch action or by such executor or administrator, be substituted in place of theperson appointed under subsection (2) or subsection (3), and the action shallthereupon proceed in the same manner as if such executor or administratorhad originally been made a defendant, and had been a party to the previousproceedings in the action.Who may be15.The plaintiff may, at his option, join as parties to the same action all or any of the
joined as partiespersons severally, or jointly and severally, liable on any one contract, including parties to billsdefendant.of exchange and promissory notes.Where numerous 16. Where there are numerous parties having a common interest in bringing or defending anparties, one mayaction, one or more of such parties may, with the permission of the defend for all. court, suesure or defend foror be sued, or may defend in such an action on behalf of all parties so interested.all. Notice.But the court shall in such case give, at the expense of the party applying so to sue ordefend, notice of the institution of the action to all such parties, either by personal service or(if from the number of parties or any other cause such service is not reasonably practicable,then) by public advertisement, as the court in each case may direct.Misjoinder not to 17. No action shall be defeated by reason of the misjoinder or non-joinder of parties, anddefeat action.the court may in every action deal with the matter in controversy so far as regards the rightsand interests of the parties actually before it.Nothing in this Ordinance shall be deemed to enable plaintiffs to join in respect of distinctcauses of action.If the consent of anyone who ought to be joined as a plaintiff cannot be obtained, he may bemade a defendant, the reasons therefor being stated in the plaint.Parties improperly 18.joined may beAddition of(1) The court may on or before the hearing, upon the application of eitherstruck out.parties.party, and on such terms as the court thinks just, order that the name of anyparty, 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 onsuch terms as the court thinks just, order that any plaintiff be made adefendant, or that any defendant be made a plaintiff, and that the name of anyperson who ought to have been joined, whether as plaintiff or defendant, orwhose presence before the court may be necessary in order to enable thecourt effectually and completely to adjudicate upon and settle all the questionsinvolved in that action, be added.(2) Every order for such amendment or for alteration of parties shall state thefacts 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 benamed, with the designation " added party ", in all pleadings or processes orpapers entitled in the action and made after the date of the order.Intervention not 19. No person shall be allowed to intervene in a pending action otherwise than in pursuanceotherwise allowed.of, and in conformity with, the provisions of the last preceding section. And no person shall beadded as plaintiff, or as the next friend of a plaintiff, without his own consent thereto;Except in under Provided however that any person on cases whose behalf an action is instituted or undersection 16.section defended may apply to the 16. court to be made a party, and all parties whosenames are so added as defendants shall be served with a summons in manner hereinaftermentioned, and the proceedings as against them shall be deemed to have begun only on theservice of such summons.Conduct o
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Code of Civil Procedure, 1908. ACT NO. V OF 1908 [21st March 1908] An Act to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature. WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; It is hereby enacted as follows: - PRELIMINARY 1.-(l) This Act may be cited as the Code of Civil Procedure .
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