CIVIL PROCEDURE CODE (AMENDMENT) ACT, No. 8 OF 2017 · Civil Procedure Code (Amendment) 3 Act, No. 8 of 2017 notice or any other relevant information may also be served on a registered

PARLIAMENT OF THE DEMOCRATICSOCIALIST REPUBLIC OF

SRI LANKA

CIVIL PROCEDURE CODE (AMENDMENT)ACT, No. 8 OF 2017

Printed on the Order of Government

[Certified on 07th of June, 2017]

PRINTED AT THE DEPARTMENT OF GOVERNMENT PRINTING, SRI LANKA

TO BE PURCHASED AT THE GOVERNMENT PUBLICATIONS BUREAU, COLOMBO 5

Price : Rs. 20.00 Postage : Rs. 20.00

Published as a Supplement to Part II of the Gazette of the DemocraticSocialist Republic of Sri Lanka of June 09, 2017

1Civil Procedure Code (Amendment)Act, No. 8 of 2017

2—PL 005082—2,961 (03/2017)

Short title.

[Certified on 07th of June, 2017]

L.D.—O. 48/2015.

AN ACT TO AMEND THE CIVIL PROCEDURE CODE (CHAPTER 101)

BE it enacted by the Parliament of the Democratic SocialistRepublic of Sri Lanka as follows :-

1. This Act may be cited as the Civil Procedure Code(Amendment) Act, No. 8 of 2017.

2. Section 5 of the Civil Procedure Code (Chapter 101)(hereinafter referred to as the “principal enactment”) is herebyamended as follows:—

(1) by the insertion, immediately after the definitionof the expression “court”, of the followingdefinition:–

“ “court expert” shall mean a person speciallyskilled or knowledgeable in any subject, fieldor disciplines”;

(2) by the insertion, immediately after the definitionof the expression “legal document”, of the followingnew definition:–

“ “local authority” means any Municipal Council,Urban Council or Pradeshiya Sabha andincludes any Authority created andestablished by or under any law to exercise,perform and discharge powers, duties andfunctions corresponding to or similar to thepowers, duties and functions exercised,performed and discharged by any suchCouncil or Sabha;”;

Amendment ofsection 5 ofChapter 101.

Civil Procedure Code (Amendment)Act, No. 8 of 2017

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(3) by the insertion, immediately after the definitionof the expression “original court”, of the followingnew definitions:–

“ “Provincial Council” shall mean a ProvincialCouncil established under Article 154A of theConstitution of the Democratic SocialistRepublic of Sri Lanka 1978;

“Public Corporation” means any corporation,board or other body which was or isestablished by or under any written law otherthan the Companies Act, No. 7 of 2007, withfunds or capital wholly or partly provided bythe Government by way of grant, loan orotherwise;

“Public Office” shall have the same meaning asdefined in the National Archives Law No. 48of 1973;”.

3. Section 27 of the principal enactment is herebyrepealed and the following section, substituted therefor:-

27. (1) The appointment of a registeredattorney to make any appearance orapplication, or to do any act as aforesaid, shall:-

(a) be substantially in such formspecified in Form No. 7 of the FirstSchedule to this Code and shall befiled in court;

(b) contain an address at which serviceof any process under the provisionsof this Chapter may be served onsuch registered attorney, instead ofthe party whom he represents; and

(c) include an electronic mail address ifany, to which service of any process,

Replacement ofsection 27 of theprincipalenactment.

”Appointmentof registeredAttorney.


notice or any other relevantinformation may also be served on aregistered attorney.

(2)(a)Where a party who appointsa registered Attorney is a natural person,a memorandum nominating a legalrepresentative for the purpose of the legalproceedings in the event of the death of suchparty before the final determination of theproceedings, shall also submitted.

(b) The memorandum referred to aboveshall, substantially be in the form specified inForm No.7A of the First Schedule hereto.

(c) The provisions of section 393 shall applyin regard to the nomination of such legalrepresentatives and filing of suchmemorandum.

(3) When an appointment under subsection(1) is filed, an appointment of a registeredattorney shall be in force until –

(a) revoked by the client in writing withthe leave of the court and afternotice to the registered attorney inwriting signed by the client and filedin court;

(b) revoked by the registered attorney-

(i) in writing signed by the clientand filed in Court;

(ii) with leave of the court havinggiven thirty days’ notice to theclient;

(c) the client dies;


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(d) the death or incapacity of registeredattorney; or

(e) all proceedings in the action areended and judgment satisfied so faras regards the client.

(4) No Counsel shall be required to presentany document empowering him to make anyappearance or application or to do any act. TheAttorney-General may appoint a registeredattorney to act specially in any particular caseor to act generally on behalf of the State.”.

4. Section 29 of the principal enactment is herebyamended as follows:-

(1) by the renumbering of that section as subsection(1) thereof;

(2) by the addition immediately after the renumberedsubsection (1) thereof, of the following subsectionswhich shall be numbered as subsections (2) and (3)of that section:-

“(2) Service of any process, notice or any otherdocument at the address given under paragraph(b) of subsection (1) of section 27 and sent to theelectronic mail address given under paragraph (c)of subsection (1) of section 27 shall be deemed tobe sufficient delivery to the party who hasappointed the registered attorney, unless the courtotherwise directs.

(3) Service of process, notice or any otherdocument at the address given in the memorandumsubmitted under section 27(2) shall be deemed tobe sufficient delivery to the nominee or nomineesappointed under section 393.”.

Amendment ofsection 29 of theprincipalenactment.


5. The following new chapter is hereby insertedimmediately after Chapter X of the principal enactment andshall have effect as Chapter XA of that enactment:-

“CHAPTER XAOF FIXING DAY OF PRE-TRIAL

79A. (1) The court shall –

(a) forthwith on the expiration of thetime allowed for the filing of theanswer; or

(b) where a replication is permitted,on the last day of the time allowedfor the filing of that replication,

and whether the same is filed or not, appoint adate not earlier than three weeks and notexceeding two months from such date for pre-trial hearing to be commenced, either in thepresence of all parties to the action or suchparties as are present.

(2) The court shall, prior to appointing adate, satisfy itself that the absent parties havebeen duly notified of the proceedings.”.

6. Section 80 of the principal enactment is herebyrepealed and the following section is substituted therefor:-

80. On the date fixed for the case to be calledto fix the date of trial of the action in the trialcourt, the court shall appoint a date for the trialof the action and shall give notice thereof inwriting by registered post to all parties whohave furnished a registered address andtendered the cost of service of such notice asprovided by subsection (2) of section 55.”.

Insertion of newChapter XA inthe principalenactment.

“Fixing dateof trial.

Replacement ofsection 80 of theprincipalenactment.

Date forpre-trialproceedings.


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7. The following new section is hereby insertedimmediately after section 80 of the principal enactment andshall have effect as section 80A of that enactment :-

80A. (1) (a) On or after the date fixed for thetrial of the action, no application for pre-trialsteps shall be allowed, unless the court issatisfied for reasons to be recorded, that a graveand irremediable injustice would be caused ifsuch steps are not permitted.

(b) In such event, the court may impose suchterms as to costs or otherwise as it thinks fitagainst the party who makes such application.

(2) Where the issues upon which the trial ofthe action is to proceed have been settled bythe Judge conducting the Pre-Trial hearing, noamendment thereto shall be made at the trial,save in special circumstances and unless thecourt is satisfied that a refusal to permit suchamendment would result in manifest injusticeto the party applying for the amendment.

(3) Where issues both of law and facts arisein the same action, and the court is of theopinion that the case may be disposed of onthe issues of law only, it shall try those issuesfirst, and for that purpose may, if it thinks fit,postpone the settlement of the issues of factuntil after the issues of law have beendetermined.”.

8. Section 93 of the principal enactment is herebyamended, as follows:-

(1) by the substitution, in subsection (1) thereof, forthe words “first fixed for trial” of the words “firstfixed for Pre-Trial”; and

Insertion of newsection 80A.

“Noapplicationsfor pre-trialsteps afterfixing thedate of trial.

Amendment ofsection 93 of theprincipalenactment.


(2) by the substitution, in subsection (2) thereof, forthe words “first fixed for the trial” of the words“first fixed for the Pre-Trial”.

9. The following new chapter is hereby insertedimmediately after Chapter XVII of the principal enactmentand shall have effect as Chapter XVIIA of that enactment:-

“CHAPTER XVIIA

OF THE PRE TRIAL

142A.The parties shall tender their proposedadmissions and issues in writing to the courtregistry, fourteen days prior to the date fixedfor the pre-trial hearing with the proof of serviceby the submission of a copy of such admissionsand issues to all other parties.

142B. Subject to the provisions of section142A the Judge conducting the Pre-Trialhearing may either on his own motion or onthe application of any party and for sufficientcause shown, advance or postpone the datefixed for the pre-trial hearing:

Provided that, the Judge conducting thePre-Trial hearing shall conclude the hearingwithin three months from the commencementof such hearing, unless the Judge conductingthe Pre-Trial hearing is prevented from actingaccordingly for reasons to be recorded by himand no adjournment in excess of four weeksmay be granted, unless in exceptionalcircumstances.

142C. (1) If any party–

(a) fails to diligently prosecute hisor her case; or

Insertion of newChapter XVIIAin the principalenactment.

Admissionsand Issues.

Advancementorpostponementof pre-trialhearing.

When partiesfail toappear.


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(b) fails to appear on the day fixedfor the pre-trial hearing or on anyother day to which it is adjourned,

the Judge conducting the Pre-Trial hearingmay, taking into consideration all appropriatecircumstances -

(i) proceed to dispose of theaction in one of the methodsspecified in Chapter XII of thisCode; or

(ii) make such other order as hemay think fit.

(2) In the event, the Judge conducting thePre-Trial hearing proceeds to dispose of theaction adopting any one of the methodsspecified in Chapter XII, the provisions of thatChapter, shall mutatis mutandis apply to andin relation to such proceedings.

142D. At the Pre-Trial hearing, the Judgeconducting the Pre-Trial hearing shall havepower to question the parties or call upon themto state their respective cases with a view to –

(a) ascertaining jurisdictional issues;

(b) elucidating the matters in dispute;

(c) obtaining admissions of facts and ofdocuments;

(d) consolidating two or more pendingcases;

(e) identifying the number of witnessesbased on admissibility andrelevancy inclusive of expertwitnesses;

Pre-Trial.


(f) appointing a court Expert;

(g) assisting the parties to arrive at anadjustment, settlement, compromiseor other agreement, with regard tothe matter in issue in such action andmay, for that purpose, suggest termsof settlement which in his view isreasonable, having regard to all thecircumstances of the case;

(h) ascertaining and recording any othermatters which would be helpful inthe speedy disposal of the action;and

(i) to take all steps and make all suchorders as may appear to him to benecessary or desirable, for theexpeditious and inexpensivedisposal of the action.

142E. At the Pre-Trial, the Judge conductingthe Pre-Trial hearing may exercise the powersconferred on him by section 142D and shallmake an order –

(a) regarding any question of factdetermined by a written report froma person having special andindependent knowledge of that fact;

(b) for the issue of a commission underChapter XXIX of the Code inclusiveof an order for the appointment ofan independent expert to inquire andreport on any question of fact oropinion; and

(c) an order to issue certified copies ofany documents in the custody of any

Judgeconductingthe Pre-Trialhearing maymake orders.


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Public Office, Public Corporation,Provincial Council or any LocalAuthority.

142F. (1) At the Pre-Trial, the Judgeconducting the Pre-Trial hearing shall record:-

(a) the admissions by the parties of factsor documents or contents ofdocuments;

(b) the agreement of the parties withregard to any matter;

(c) the agreement of parties to acceptand to abide by:-

(i) any decision of the Judgeconducting the Pre-Trialhearing arrived at in suchmanner as may be agreedupon between the parties andentering of judgment inaccordance with suchdecision;

(ii) any decision of the Judgeconducting the Pre-Trialhearing on any or all issues offact or law and entering of thejudgment in accordance withsuch decision;

(d) any agreement of the parties:-

(i) with regard to the mode ofproof of any fact or document;

(ii) as to the number of witnessesto be called;

Matterswhich Judgeconductingthe Pre-Trialhearing shallrecord.


(iii) to consolidate two or morepending actions;

(e) withdrawal of actions; and

(f) adjustment, settlement or compromiseof actions.

(2) When the Judge conducting the Pre-Trialhearing records an agreement of the partiesunder paragraph (c) of subsection (1) such Judgeshall also read out and explain the effect ofsuch agreement to the parties concerned andrecord the fact that the parties do understandthe contents of such agreement and the effectthereof. The parties shall be required to signthe agreement.

142G. At the Pre-Trial hearing, issues maybe determined taking into considerationproposed admissions and issues submitted inwriting under section 142A, pleadings,interrogatories and any agreement.

142H. Where the Judge conducting the Pre-Trial hearing is of the opinion that the issuescannot be correctly framed without theexamination of some persons not present atthe pre-trial proceedings, or without theinspection of some documents not producedin the action, such Judge may adjourn framingof issues to a future day to be fixed by the courtand may compel the attendance of such personor the production of such document bysummons or other process.

142I. (1) After the issues are settled, and –

(a) on the parties informing the Judgeconducting the Pre-Trial hearingthat all the Pre-Trial steps hadbeen taken; and

Judgeconductingthe Pre-Trialhearing todetermineissues.

Judgeconductingthe Pre-Trialhearing mayadjournframing ofissues.

WhenPre-Trialsteps havebeentaken, date tobe appointed.


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(b) where the Judge conducting thePre-Trial hearing is satisfied thatall such Pre-Trial steps have beentaken by the parties,

the Judge conducting the Pre-Trial hearingshall forthwith appoint a date within fourteendays of such date for the case to be called inorder to fix the date of trial of the action in thetrial court.”.

10. Sections 146, 147 and 148 of the principal enactmentare hereby repealed.

11. The following new section is hereby insertedimmediately after section 149 of the principal enactmentand shall have effect as section 149A of that enactment:-

149A. (1) The court may order, two ormore actions in which the questions of lawor fact in issue are substantially the same, tobe consolidated upon such terms as thecourt may deem fit and on the agreementof Parties.

(2) The Court may order –

(a) several actions to be tried at thesame time and on the sameevidence; or

(b) the evidence in one action to beused as evidence in another; or

(c) one of several actions to be triedand other actions to be stayed toabide by the result,

with the consent of the parties:

Repeal ofsections 146,147 and 148 ofthe principalenactment.Insertion of newsection 149A inthe principalenactment.

“Consolidationof actions.


Provided that on the application of anyparty the court shall have power to try anotherof the actions so stayed where the selectedaction fails to be a real trial of the issuesinvolved.”.

12. The following new section is hereby insertedimmediately after section 151 of the principal enactmentand shall have effect as section 151A of that enactment:-

151A. (1) Notwithstanding the provisionsof section 151, the court may, on its own motionor at the request of one of the parties to theaction, order that an affidavit be substitutedfor an oral examination in chief of a witnessand direct the party calling such witness totender such affidavit on a date fixed by thecourt which date shall be at least one monthprior to the date of trial, to enable the oppositeparty to prepare for the trial.

(2) Where an order is made by the courtunder subsection (1), the party who isresponsible for tendering the affidavit shalltender it together with the documents referredto therein, to the Registrar of the court with theproof of service of a copy of the affidavit withcopies of all documents of the opposite party.

(3) On the date of the trial, the partytendering the affidavit shall produce theaffidavit through the witness who has affirmedto or sworn to it, including all documentsreferred therein. The opposite party is entitledto object to its being received, either on theinadmissibility of such evidence or a part ofthe evidence or on the inadmissibility or

Insertion ofnew section151A in theprincipalenactment.

“Affidavitmay besubstituted.


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authenticity of any documents annexed to suchaffidavit. In such event, the court may make aruling on such objection, prior to the witnessbeing cross examined by the opposite party:

Provided that, the court may, inappropriate circumstances, permit the leadingof oral evidences, in addition to the evidencecontained in the affidavit.

(4) If an affidavit contains evidence ofmatters of hearsay or any matter which isscandalous, the court may order deletion ofsuch matters and may proceed with the rest ofthe matters in the affidavit or may order theparty who filed such affidavit to tender a freshadmissible affidavit and the party filing suchinadmissible affidavit shall be liable to thepayment of costs.”.

13. Sections 393 to 398 (both inclusive) of the principalenactment are hereby repealed and the following newsections substituted therefor:-

393. (1) A party who appoints a registeredAttorney under section 27(2) (hereinafterreferred to as the “nominator party”), shallnominate at least one person and not more thanthree persons, in order of preference, to be hislegal representative for the purpose ofproceeding with the action, in the event ofhis death pending the final determination ofthe action:

Provided that the court may, in the eventthe memorandum is not filed at any time beforethe final determination of an action, on its ownmotion or on the application made by any

Replacement ofsections 393 to398 of theprincipalenactment.

“Memorandum.


party, require a party to the action or anyperson eligible to file a memorandum underthe provisions of this Code, to file suchmemorandum on or before a date appointedfor such purpose by the court. In the eventof failure to file such memorandum the courtmay impose an appropriate cost on thedefaulting party.

(2) (a) In the event of the death of thenominator party, pending the finaldetermination of the action, the personnominated under subsection (1) shall, in theorder of preference in which his name is set outin the memorandum, be deemed to be the legalrepresentative of the party for the purposes ofthe action.

(b) In the event of the death or incapacity ofthe legal representative whose name is set outin the memorandum, the person nominatednext in order of preference shall be deemed tobe the legal representative for the purposes ofthe action.

(c) The person nominated as legalrepresentative shall subscribe his or hersignature to the memorandum, signifyingconsent to be so appointed. The signature ofthe nominator party and those of the nomineeor nominees consenting to be appointed, shallbe witnessed by an Attorney-at-law, a Justiceof the Peace or a Commissioner of Oaths.

(3) A nominee may at any time with noticeto the nominator party, apply to court by wayof a motion to withdraw his consent to be suchnominee and in such event the court shall make


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an order that he ceases to be the nominee of thenominator and shall cause the name of suchnominee to be removed.

(4) Subject to the provisions of subsection(1) of this section, a nominator party may atany time before the final determination of theaction, make an application with notice to thenominees, to tender a fresh memorandumnominating one or more nominees. On the filingof such new memorandum, the previousmemorandum of such nominator party shall bedeemed revoked and the nomination containedin such fresh memorandum shall forthwith takeeffect.

(5) The legal representative of a deceasednominator shall be entitled to take all such stepsas may be necessary, as the deceased nominatorparty would have been entitled to take, had hebeen alive, if the cause of action survives thedeath of the deceased nominator party.

(6) (a) A nominee shall not refuse to act asthe legal representative of a deceasednominator party. He may, with the leave of thecourt first had and obtained, by way of petitionand after giving notice to the other nominees ifany, apply for permission from court to bereleased from the office of legal representativeof such nominator party.Such application maybe made not later than two months from thedate of the death of the nominator party.

(b) Where the court grants permission torelease from the office of legal representative,the nominee who is next in order of preferencein the memorandum filed by the nominatorparty, shall be deemed to be the legalrepresentative of such deceased nominatorparty, for the purposes of the action.

abdulansari

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(c) Where an application under paragraph(a) of this subsection is made by a nomineewho is the sole nominee or the sole remainingnominee of deceased nominator party, suchnominee shall notify the heirs of such deceasednominator party regarding his application andin the event of the court granting permissionas aforesaid, the court shall appoint an heir ofsuch deceased nominator party to act as thelegal representative of such deceasednominator party for the purposes of the action.

394. (1) On the death of a party to the actionwho had failed to file a memorandum, anyparty to the action may apply to the court byan ex parte application by way of a petitionsupported by an affidavit, requesting that anexecutor or administrator or in the case of anestate which is below the administrable value,the next of kin who have adiated theinheritance of the deceased party be substitutedin the place of such deceased party.

(2) The court may, on being satisfied thatsuch appointment is necessary and the causeof action survives on the death of such party,shall appoint such person.

(3) The person so appointed shall be boundby proceedings prior to his appointment:

Provided that, the person appointed andmade a substituted party in the action, mayobject that he is not the executor oradministrator or in the case of an estate whichis below the administrable value, the next ofkin who have adiated the inheritance of thedeceased party or make any defence appropriateto his character as such representative.

Failure tofile aMemorandum.


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395. (1) (a) An executor or administrator orin the case of an estate which is below theadministrable value the next of kin who haveadiated the inheritance of the deceased partymay apply to court for the removal of the legalrepresentative of such deceased nominator andfor the appointment of a person named in suchapplication or the next person named in orderof preference in the memorandum filed by thedeceased nominator, as such legalrepresentative. The person who is the legalrepresentative of the deceased nominator forthe time being, shall be the respondent to suchapplication.

(b) The court may, upon being satisfied thatit is in the interests of an executor oradministrator or in the case of an estate whichis below the administrable value the next ofkin who have adiated the inheritance of thedeceased party may remove such legalrepresentative and appoint the person namednext in order of preference in the memorandumfiled by the deceased nominator party or if thereare sufficient grounds for doing so, appointthe person named in the application, as thelegal representative of the deceased nominatorparty.

(c) An application under this sub-sectionshall be by way of petition and affidavit andthe court may issue notice of the applicationto the other heirs, if any, of the deceasednominator party.

(2) No proceedings shall be postponed oradjourned or any step in the action postponedby reason of the death of a nominator party.

Applicationfor legalrepresentative’sremoval.


For the purposes of this Chapter-

“estate” means the gross value of theestate of the deceased; and

“legal representative” means a personwho represents the estate of adeceased party or person, for thepurposes of the action, by virtue of anomination made in a memorandumfiled under subsection (1).

396. If there be more than one plaintiff ordefendant and any of them dies, and if the rightto sue on the cause of action survives to thesurviving plaintiff alone, or against thesurviving defendant alone, the court shall onthe ex-parte application by petition supportedby affidavit, make an order to the effect thatthe action be proceed at the instance of thesurviving plaintiff or plaintiffs, or against thesurviving defendant or defendants, as the casemay be.

397. If there are more plaintiffs than oneand any one of them dies, and if the right to suedoes not survive on the surviving plaintiffor plaintiffs alone, but survives on the legalheirs of the deceased plaintiff jointly, the courtmay cause the legal representative of thedeceased plaintiff to be made a substitutedplaintiff in the place of the deceased plaintiff,and shall thereupon cause an entry to that effectto be made on the record and proceed with theaction.

398. In case of the death of a sole plaintiffor sole surviving plaintiff, the legalrepresentative of the deceased may, wherethe right to sue survives, apply to the court

Court tomake orderthat action toproceed.

Legalrepresentativeto be made asubstitutedplaintiff.

Legalrepresentativemay apply tohave nameentered.


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to have his name substituted on the record inplace of the deceased plaintiff and the courtshall thereupon cause an entry to that effect tobe made on the record and proceed with theaction.

398A. If no application is made to the Courtby any legal representative of a deceasedplaintiff within six months from the death ofsuch plaintiff, the court may make an orderthat the action shall abate, and award to thedefendant the costs which he may have incurredin defending the action, to be recovered fromthe estate of the deceased plaintiff. However,the court may, if it may deem appropriate,on the application of the defendant, made anytime after the death of the plaintiff, and uponsuch terms as to costs or otherwise as it thinksfit, make an order appointing the legalrepresentative of the deceased plaintiff, in theplace of the deceased plaintiff for the purposeof proceeding with the action in order to arriveat a final determination of the matter in dispute.

398B. (1) If there be more defendants thanone, and any one of them die before entering adecree and the right to sue on the cause of actiondoes not survive against the survivingdefendant or defendants alone, withoutsubstitution of the legal representative of thedeceased defendant and also in case of the deathof a sole defendant, or sole survivingdefendant, where the right to sue survives tothe plaintiff, the plaintiff may apply to the courtto substitute the legal representative of thedeceased defendant in place of such deceaseddefendant for the purpose of the continuance

Where noapplication ismade by thelegalrepresentativeof a deceasedplaintiff.

Legalrepresentativeof deceasedsole plaintiffto apply tobe made theplaintiff.


of the action. The court shall thereupon, enterthe name of such legal representative on therecord in the place of the deceased defendant,and shall issue notice on such legalrepresentative to appear on a day to be thereinmentioned, to defend the action.

(2) The legal representative of a deceaseddefendant nominated in the memorandum, mayapply to be a defendant in place of the deceaseddefendant, and the provisions of this section,in so far as they are applicable, shall apply inrespect of such application and to theproceedings and consequences ensuingthereon.”.

14. Section 405 of the principal enactment is herebyrepealed.

15. The following new sections are hereby insertedimmediately after section 440A of the principal enactmentand shall have effect as sections 440B and 440C of thisenactment:-

440B. (1) Where a party to any proceedingsin a civil court requires for the purposes of suchproceedings a certified copy of any document,or of any register either deposited ormaintained or kept in the custody, (or a certifiedcopy of any register or book) maintained inthe ordinary course of business, at any PublicOffice, Public Corporation, Provincial Councilor Local Authority in the ordinary course ofbusiness, the Judge conducting the Pre-Trialhearing or the court, as the case may be mayupon application made in that behalf by a party

Repeal ofsection 405 ofthe principalenactment.

Insertion of newsections 440B

and 440C in theprincipalenactment.

“Obtainingcopies of thedocumentsmaintainedby anyPublicOffice,Corporationetc.


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by motion supported by an affidavit affirmingthe relevancy of such certified copy in theproceedings direct the officer in charge of suchoffice, Public Corporation, Provincial Councilor Local Authority, as the case may be to issuesuch certified copy. Upon production of theorder of court or Judge conducting thePre-Trial hearing and upon payment of therelevant charges, such party shall be entitledto obtain a certified copy of the documentconcerned.

(2) A certified copy obtained by a partyunder subsection (1) from any Public Office,Public Corporation, Provincial Council orLocal Authority, relevant to any proceedingby such party may, without an officer from thePublic Office, Public Corporation, ProvincialCouncil or Local Authority concerned beingcalled as a witness, be produced in suchproceeding in proof of the fact that suchdocument was made or such document is inthe custody of such Public Office, PublicCorporation, Provincial Council or LocalGovernment Authority concerned and be primafacie proof of the contents therein:

Provided, however that the court may ofits own motion or upon application made byany party to such proceedings require theproduction of the original document and permitany such party to examine it or require that theofficer who is in charge of keeping ormaintaining such document be summoned asa witness.


440C. (1) Notwithstanding anything to thecontrary in this Code or any other law, it shallnot be necessary to adduce proof of anydocument which is, ex facie, an originaldocument or a certified copy issued by a PublicOffice, Public Corporation, Provincial Councilor any Local Authority, unless the authorityof such document is impeached by theopposing party for reasons to be recorded andfor such reasons, the court may require proofthereof.

(2) Where the genuineness of any documentis impeached by a party, such party shall statethe reason for impeaching its genuineness andthe court shall record the same.

(3) In the event that the court, after evidenceis lead as to the proof of the document, acceptsthe document, the party who impeached thedocument shall be liable to pay incurred costof proving the document, in addition to taxedcosts, unless the court for good reason directsotherwise.”.

16. Section 774 of the principal enactment is herebyamended by the insertion immediately after subsection (2)of that section of the following new subsection:-

“(3) A judgment, order or directive pronouncedunder this section by an Appellate Court shall bedeemed to be a judgment, order or directivepronounced by the original court from which the appealwas preferred.”.

17. All actions and matters which have been filed in theDistrict Court but in respect of which no date has been fixedfor trial shall also be subject to the provisions of as on thedate of coming into operation of this Act.

Proof ofdocumentunnecessaryunless it isimpeached.

Amendment ofsection 774 ofthe principalenactment.

Pending actionsto be subject tothis Act.


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18. The First Schedule to the principal enactment ishereby amended as follows:-

(1) by the insertion, immediately after Form No. 7thereof, of the following Form which shall haveeffect as Form No. 7A of that enactment:-

“FORM 7A (sections 27 and 393)

FORM OF MEMORANDUM NOMINATING LEGALREPRESENTATIVE

In the District Court of……………………………………………………Action No. ………………………………………………………………

I,…………………………………………. (the Plaintiff/ Defendant/Petitioner/ Respondent/ Party seeking to be added/ substituted) herebynominate:

Preference No.1…………………………….(name) of…………………(address)

(address) 2…………………………….(name) of ………………...

(address) 3…………………………….(name) of ………………...

as my legal representative for the purpose of the action in the event ofmy death before the final determination of this action and I herebyfurther request that they be appointed in the order of the preferencegiven above as my legal representative for the purposes of the actionin the event of my death as aforesaid.1. I, …………………………….of …………………….consent to theabove appointment.

…………………………….Signature

I, ……………………………… of……………………. being anAttorney-at-law/ Justice of the Peace/ Commissioner of Oaths certifythat the above named person having read over and understood thecontents of this memorandum/ to whom the contents of thismemorandum were read and explained by me/ placed his signature inmy presence at ……………………………. on this day of………………20……….


Amendment toFirst Schedule tothe principalenactment.


Attorney-at-law/ Justice of the Peace/ Commissioner of Oaths

2. I, ……………………………..of …………………………consent tothe above appointment.


I, ……………………………….. of ………………………… being anAttorney-at-law/ Justice of the Peace/ Commissioner of Oaths certifythat the above named person having read over and understood thecontents of this memorandum/ to whom the contents of thismemorandum were read and explained by me/ placed his signature inmy presence at ……………………………. on this day of………………20……



3. I, …………………………….of …………………….consent to theabove appointment.


I, ……………………………….. of ………………………… being anAttorney-at-law/ Justice of the Peace/ Commissioner of Oaths certifythat the above named person having read over and understood thecontents of this memorandum/ to whom the contents of thismemorandum were read and explained by me/ placed his signature inmy presence at ……………………………. on this day of………………20……




(Plaintiff/ Defendant/ Party/ Claimant/ Necessary Party/ Added/Substituted Party)

I, ……………………………….. of ………………………… being anAttorney-at-law/ Justice of the Peace/ Commissioner of Oaths certifythat the above named person having read over and understood thecontents of this memorandum/ to whom the contents of thismemorandum were read and explained by me/ placed his signature inmy presence at ……………………………. on this day of………………20 ……

……………………………. .”.Signature


26

(2) by the repeal of the form of Decree (No. 41)appearing therein and the substitution of thefollowing form therefor:-

“FORM OF DECREE (Section 188)

COURTNUMBER OF ACTIONPLAINTIFF (S)DEFENDANT (S)DATE OF JUDGMENTAMOUNT OF DEBT COMPENSATION,INTEREST OR OTHER RELIEF GRANTEDBY THIS DECREE (SPECIFY THE PARTYIN WHOSE FAVOUR AND THE PARTYAGAINST WHOM THE RELIEF IS GRANTED)AMOUNT OF COSTS PAYABLE: Rs: ……………./COSTS TO BE TAXEDDESCRIPTION OF THE PROPERTY.(IF ANY) (THE DESCRIPTION CAN BEWITH REFRENCE TO THE DESCRIPTIONIN ANY PLEADING OR DOCUMENTFILED OF RECORD)SIGNATURE OF THE JUDGE

SEAL

19. In the event of any inconsistency between theSinhala and Tamil texts of this Act, the Sinhala text shallprevail.

Sinhala text toprevail in caseofinconsistency.

.”.


Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF

GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15thDecember each year in respect of the year following.

Documents

CIVIL PROCEDURE CODE (AMENDMENT) ACT, No. 8 OF 2017 · Civil Procedure Code (Amendment) 3 Act, No. 8 of 2017 notice or any other relevant information may also be served on a registered