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CIVIL PROCEDURE CODE

AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE PROCEDURE OF THE CIVIL COURTS.

Ordinance Nos,

12 of 1895 23 of 1901 12 of 1904 14 of 1907 31 of 1909

9 of 1917 39 of 1921 42 of 1921 21 of 1927 23 of 1927 25 of 1927 15 of 1930 26 of 1930

4 of 1940 18 of 1944 39 of 1945

Law Nos,

12 of 1973 44 of 1973 25 of 1975 19 of 1977 20 of 1977

Act Nos,

7 of 1949 43 of 1949 20 of 1954 48 of 1954 32 of 1957 49 of 1958

3 of 1960 24 of 1961

5 of 1964 23 of 1969 24 of 1969 53 of 1980 79 of 1988

2 of 1990 6 of 1990 9 of 1991 6 of 1993 14 of 1993 11 of 1995 12 of 1996 14 of 1997 38 of 1998 34 of 2000 20 of 2002 4 of 2005

[1st August , 1890 ]

Short title.

CHAPTER I PRELIMINARY

1. This Ordinance may be cited as the Civil Procedure Code.

Where no

4. In every case in which no provision is made by this Ordinance, the procedure and practice

provision is made hitherto in force shall be followed, and if any matter of procedure or practice for which no

special directions provision is made by this Ordinance or by any law for the time being in force shall after this

to be given by Ordinance comes into operation arise before any court, such court shall thereupon make

Court of Appeal. 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expressly repealed or modified.

5 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]

"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.

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.

7 Procedure of an . The procedure of an action may be either " regular " or " summary ".

action.

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 specially

action to be

provided that proceedings may be taken by way of summary procedure, every action shall

ordinarily regular. commence and proceed by a course of regular procedure, as hereinafter prescribed.

[2,53 of 1980]

Institution of actions: in what court.

CHAPTER III

OF THE COURT OF INSTITUTION OF ACTION

9. Subject to the pecuniary or other limitations prescribed by any law, action shall be

instituted in the court within the local limits of whose jurisdiction (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 which of two or

or more courts more courts any immovable property is situate, any one of those courts may, if satisfied that

may entertain an there is ground for the alleged uncertainty, record a statement to that effect, and thereupon

action.

proceed to entertain and dispose of any action relating to that property; and its decree in the

action shall have the same effect as if the property were situate within the local limits of its

jurisdiction:

Provided that the action is one with respect to which the court is competent as regards the

nature and value of the action to exercise jurisdiction.

10 Of application for . Any of the parties to an action which is pending in any original court may, before trial,

withdrawal and and after notice in writing to the other parties of his intention so to do, apply to the Court of

transfer 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 the

transfer of it for trial to any other court competent to try the same in respect of its nature and

the amount or value of its subject-matter. And the Court of Appeal may, on any such

application after hearing such of the parties as desire to be heard, and on being satisfied that

such withdrawal and transfer are desirable for any of the following reasons;

Stamp duty.

(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. In no case in which any action is so transferred as aforesaid from one court to another shall any stamp fee be leviable in the court to which the action is transferred on any pleading or exhibit on which the proper stamp fee has been paid in the court from which the action is so transferred.

CHAPTER IV

OF PARTIES AND THEIR APPEARANCES, APPLICATIONS, AND ACTS

Plaintiffs.

11. All persons may be joined as plaintiffs in whom the right to any relief claimed is alleged

to exist, whether jointly, severally, or in the alternative, in respect of the same cause of

action. And judgment may be given for such one or more of the plaintiffs as may be found to

be entitled to relief for such relief as he or they may be entitled to, without any amendment of

the plaint for that purpose. But the defendant though unsuccessful, shall be entitled to his

costs occasioned by so joining any person who is not found entitled to relief, unless the court

in disposing of the costs of the action otherwise directs.

Where joint

12. Where two or more persons are entitled to the possession of immovable property as

tenants or tenants joint tenants or tenants in common, one or more of them may maintain an action in respect of

in common.

his or their undivided shares in the property in any case where such an action might be

maintained by all.

13 Substituted and

. Where an action has been instituted in the name of the wrong person as plaintiff, or

added plaintiffs. 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.

Defendants.

14. All persons may be joined as defendants against whom the right to any relief is alleged

to exist, whether jointly, severally, or in the alternative, in respect of the same cause of

action. And judgment may be given against such one or more of the defendants as may be

found to be liable, according to their respective liabilities, without any amendment.

Substitution where 14A.

person against whom a right to any relief is alleged to exist dies and the right to sue for relief survives.

[2,6 of 1990]

(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

(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

Who may be

whom probate of the will or letters of administration to the estate of the deceased would ordinarily be issued and whom he desires to be made the defendant in the proposed action in place of the deceased. Such application shall also specify the name, description, and place of abode of the person or persons whom the applicant alleged to be the heir or heirs of the deceased.

(2) Upon receipt of an application under paragraph (a) of subsection (1), and the court where it is satisfied that there are grounds therefor, and, after the issue of notice on the representative named in such application and such other persons, if any, and after causing notice of such application, (in the form No.2A in the First Schedule) to be advertised in a local newspaper to be selected by the court, or by such other mode of advertisement in lieu of such publication as to the court seems sufficient, and after such inquiry as the court may consider necessary and upon such terms as it thinks fit, the court may order that such representative or such other person as the court may consider fit be appointed in place of the deceased, for the institution of such action: Provided, that the person to be so appointed in place of the deceased may object that he is not the legal representative of the deceased or that he should not be appointed in place of the deceased. (3) Upon receipt of an application under paragraph (b) of subsection (1), the court may, where it is satisfied that probate of the will or letters of administration to the estate of the deceased has not been issued or is likely to be unduly delayed, and, after the issue of notice on the person alleged in such application to be the person to whom probate of the will or letters of administration to the estate of the deceased would ordinarily be issued and such other persons, if any, causing notice of such application, (in the form No. 2A in the First Schedule) to be advertised in a local newspaper to be selected by the court or by some other mode of advertisement in lieu of such publication as to the court seems sufficient, and after such inquiry as the court may consider necessary and upon such terms as it thinks fit, order that the person, who appears to the court to be the person to whom probate of the will or letters of administration to the estate of the deceased would ordinarily be issued, be appointed in place of the deceased, for the institution of such action: Provided, that the person to be so appointed may object that he is not the person to whom probate of the will or letters of administration to the estate of the deceased would ordinarily be issued or that he should not be appointed in place of the deceased. (4) Notwithstanding the provisions of subsection (2) or subsection (3), the court may make an order under any one of those subsections, only where-

(a) it is satisfied that the delay in the institution of the action would render such action not maintainable by reason of the provisions of the Prescription Ordinance; or (b) a period of six months had lapsed after the death of the deceased.

(5) Where after an order appointing a representative in place of the deceased has been made under subsection (2) or subsection (3) and an action instituted against such person in place of such deceased, an executor of the will, or an administrator of the estate, as the case may be, of such deceased, is appointed in proceedings instituted under Chapter XXXVIII of this Code, such executor or administrator shall, on the application by way of summary procedure, supported by affidavit, made by the plaintiff or any other party to such action or by such executor or administrator, be substituted in place of the person appointed under subsection (2) or subsection (3), and the action shall thereupon proceed in the same manner as if such executor or administrator had originally been made a defendant, and had been a party to the previous proceedings in the action.

15. The plaintiff may, at his option, join as parties to the same action all or any of the

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