Section No :  
1980 Revised version
CIVIL PROCEDURE CODE
Marginal Notes
1. This Ordinance may be cited as the Civil Procedure Code.*
4. Where no provision is made special directions to be given by Court of Appeal.
5. Interpretation
6. Action.
7. Procedure of an action.
8. Procedure of action to be ordinarily regular. [2,53 of 1980]
9. Institution of actions: In what court.
10. Of application for withdrawal and transfer of action [3, Law 20 1977]
11. Plaintiffs.
12. Where joint tenants or tenants in common.
13. Substituted and added plaintiffs.
14. Defendants.
15. Who may be joined as parties defendant.
16. Where numerous parties, one may sure or defend for all. Notice.
17. Misjoinder not to defeat action.
18. Parties improperly joined may be struck out. Addition of parties.
19. Intervention not otherwise allowed.
20. Conduct of the action
21. Amendment of plaint
22. Objections for non-joinder or misjoinder to be taken before hearing.
23. Plaintiffs (or defendants) may authorize one of them to act for them.
24. Appearances may be by party in person, his recognized agent, or attorney-at-law.
25. Recognized agents.
26. Processes served on the recognized agent
27. Appointment of registered attorney.
28. Death or incapacity Of registered attorney.
29. Service on registered attorney
30. Agent to accept service.
30A. Agent to accept service in action upon mortgage of immovable property. [2, Law 12 of 1973.]
33. Regular action how to be framed.
34. Every action shall include whole claim.
35. Joinder of claims in actions for immovable property.
36. In other cases.
37. Application by defendant in such cases.
38. Order of court thereon.
39. Regular action to commence by plaint . [6,law 20 of 1977]
40. Requisites of Plaint. [7,law 20 of 1977]
41. Land sued for to be described by metes and bounds or sketch.
42. Plaintiff suing in a representative character must show that the character has accrued to him.
43. Plaint must show defendant's interest and liability to be sued.
44. Exemption from bar from lapse of time to be shown.
45. Jurisdiction of court to be averred.
46. Subscription of plaint
47. Where plaint presented to wrong court.
48. Order on rejection of plaint.
49. Memorandum of documents to be endorsed on plaint. [8, Law 20 of 1977]
50. Plaintiff to produce with plaint document sued on.
51. To annex list of other documents.
52. And to state where document not in his possession is.
53. Action on lost negotiable instrument.
54. Document not produced with plaint inadmissible afterwards without leave. [9, Law 20 of 1977.]
55. Summons. [10 Law 20 of 1977]
59. Personal service of summons, what is.
60. Service lo be personal if practicable ; otherwise as court may direct.
61. Substituted service to be as effectual as personal
62. Substituted service [12 Law 20 of 1977]
63. When more defendants than one, service on each .
64. Agents to accept service; partners and manager.
64A. Service on agent in mortgage action.
65. When defendant out of jurisdiction has manager within it.
66. Service on agent in charge of immovable property.
67. Misdescription not to vitiate summons, &c.
68. Service on defendant in jail.
69. Service out of Sri Lanka. Application for, how made.
70. Order for, to prescribe mode of. [13, Law 20 of 1977.]
71. Form of summons
72. Judgment against defendant if he admits claim of the plaintiff.[15, Law 20 of 1977.]
73. Answer to be in writing.[15, Law 20 of 1977.]
75. Requisites of answer.[17, Law 20 of 1977.]
76. Jurisdiction of court to be specially traversed.
77. Rejection and amendment of answer.
78. Copy of answer to be delivered to plaintiff or his registered attorney. [18, Law 20 of 1977.]
79. When replication may be allowed. [19, Law 20 of 1977.]
80. Day of trial. [20, Law 20 of 1977].
81. A reasonable number of cases to be fixed for each day.
82. Postponement.
83. Un disposed of cases to be placed at the head of the roll.
84. Default of defendant. [23, Law 20 of 1977]
85. Procedure in ex parte trial. [23, Law 20 of 1977]
86. If defendant excuses his default, any order or judgment to be set aside. [23, Law 20 of 1977]
87. Non-appearance of Plaintiff. [23 Law 20 of 1977].
88. No appeal against Judgment for default but order setting aside or refusing to set aside judgment appealable. [23, Law 20 of 1977]
89. Where two or more defendants severally liable.
90. One of many defendants appearing, no decree for default need be passed against others.
91. Motions. [23, Law 20 of 1977.]
91A. Postponements, adjournments and extensions of time.[25, Law 20 of 1977.]
92. Journal.
93. Amendments of pleadings.
94. Interrogatories.
95. Service of interrogatories.
96. Cost of unreasonable interrogatories to be borne by party in fault.
97. Interrogatories to company, &c.
98. When party may refuse to answer.
99. To be answered by affidavit.
100. Application for further answer.
101. Notice to admit genuineness of Documents.
102. Order for discovery of documents.
103. Order for order production of documents.
103A. State required to make discovery or give inspection of documents under certain circumstances. [26, Law 20 of 1977.]
104. Notice to produce documents for inspection.
105. Time and place of such production to be specified by party receiving notice.
106. Otherwise, order for inspection to be made by court.
107. Application for order to be supported by affidavit.
108. Court may reserve question as to discovery or inspection.
109. Consequence of not complying with order under this Chapter.
110. Court may inspect records of other courts.
111. Parties to he ready with all documents at trial.
112. Document called for and not produced shall not be received afterwards.
113. Documents to be received by court.
114. No documents to be placed on record unless proved.
115. Court may order any document to be impounded.
116. when document admitted in evidence may be returned.
117. Provisions as to documents apply to other material objects.
118. Translations of documents.
119. Who shall be deemed a translator.
120. Fees of translators.
121. Summonses to witnesses.
122. Payment of witness's expenses.
123. Witness's expenses to be paid before he gives evidence.
124. Court may order a sufficient sum to be paid.
125. Expenses of detention.
126. Summons to specify time, place, and purpose of attendance.
127. Summons to produce document.
128. Person in court may be required to produce a document.
129. Service of summons.
130. Service must afford reasonable time for attendance.
131. Procedure to be followed when summons cannot be served.
132. If witness appears sequestration may be withdrawn.
133. Procedure when witness fails to appear.
134. Court may summon and examine any person as witness.
135. Person summoned must attend at time and place named in the summons.
136. When witness may depart.
137. Witness may be arrested for non-compliance with summons.
138. Court may release arrested witness on bail.
139. Procedure when witness absconds.
140. Court may pass decree against party refusing to give evidence.
141. Rules as to witnesses to apply to a party summoned to give evidence.
142. Privilege from arrest of witness.
143. Adjournments.
144. Non-appearance of a party on the adjourned day.
145. Default of party to carry out purpose of adjournment.
146. Determining of issues.
147. Trial of issues of law first.
148. Adjournment for evidence.
149. Amendment of Issues.
150. Party having right to begin to state his
151. Party having right to begin to produce his evidence.
152. Cross-examination.
153. Re-examination.
154. Tender of documents in evidence.
155. Procedure to be followed before witness is asked to identify document.
156. Cross-examination as to knowledge.
157. Court examination as to Knowledge.
158. And to decide on his competency.
159. Signature by a mark how proved.
160. Proof in the case of an illiterate person.
161. Case of documents whose execution need not be proved.
162. Copy of absent original how proved.
163. On termination of beginning party's case the opposing party to state and prove his in like manner.
164. Court may question witness at any time.
165. Court may recall Witness.
166. When may court permit departure from above Rules.
167. Evidence of witness to be given orally in open court .
168. Witness to be examined on oath, or affirmation.
169. Evidence of witness how taken down.[30,Law 20 of 1977.].
170. Any particular question and answer may be taken down.
171. The objection to question which is allowed and the decision of court thereon may be taken down.
172. The objection to question disallowed and the decision of court thereon to be taken down.
173. Court may record remarks on demeanour of witness.
174. Witnesses may be kept out of court.
175. No witness to be called or document to be produced unless included in list of witnesses or documents.
176. Court may forbid indecent or scandalous questions.
177. Court shall forbid insulting questions.
178. Evidence de been esse.
179. Evidence taken on affidavit or on commission.
180. Court may examine witness viva voce notwithstanding affidavit or commission.
181. What statements may affidavit contain.
182. Petitions cannot be converted to affidavits.
183. Who may administer oaths.
184. Judgment when pronounced.
185. Judge may pronounce judgment written by predecessor.
186. Judgment to be in writing and to be dated and signed in open court. [32, Law 20 of 1977.]
186A. Validation in certain circumstances of judgments pronounced by successors in office of Judges. [2, 3 of I960.]
187. Requisites of Judgment.
188. Decree.
189. Amendment of Judgments, decrees and orders.
190. Requisites of decree relating to immovable property.[33, Law 20 of 1977-]
191. Requisites of decree relating to movable property.
192. At what rate may interest on money be decreed. [5, 53 of 1980.]
193. When may court decree specific performance.
194. When may court decree payment by instalments.
195. Decree when set-off or claim in reconvention is allowed.
196. Decree when claim in respect of mesne profits from date of action is allowed. [6, 53 of 1980.]
197. Mesne profits prior to date of action.
198. Interlocutory order for accounts.
199. Administration by. the court.
200. Decree in action for preemption &c.
202. Interlocutory order in action for dissolution of partnership
203. Suit for account between principal and agent.
204. Decree or order postponing hearing.
205. Any person entitled to certified copies of decree and judgment.
206. Decree or copy to be primary evidence of decision.
207. Decrees must be decisive, and must not direct non-suit.
208. Costs.
209. Court always to have Power to give or reserve costs.
210. Court shall direct by whom costs to be paid.
211. Court may apportion costs.
212. Set-off costs.
213. Court may give interest on costs. [7, 53 of 1980]
214. Costs to be taxed.
215. Action for costs by registered attorney.
216. Registered attorney to bear costs of taxation in what case.
217. Classification of decrees.
218. Power of creditor to seize and sell debtor's property in satisfaction decree for payment of money.
219. Examination of judgment-debtor as to debts owing to him.
220. Application need not to be supported by affidavit
221. Costs.
222. Execution of decree against legal representative of a deceased person.
223. Seizure and sale to be effected under order of court.
224. Application therefore.
225. Court to satisfy itself as to conformity of application. When application should be refused by the court.
226. Duties of Fiscal on receiving writ.
227. Seizure of movable property in possession of debtor to be manual. Disposal of property seized until sale.
228. As to attachment of negotiable instrument.
229. Seizure of debts, shares, and movable property not in possession of debtor and not deposited in court to be by written notice of prohibition.
230. Judgment-debtor's debtor may be summoned, or execution may issue against him.
231. Payment by him to be discharge as against judgment- debtor.
232. Seizure of property deposited in any court. Question of priority.
233. Notice by Fiscal.
234. Seizure of a money decree in favour of judgment-debtor.
235. Seizure of any other decrees.
236. Alienation by debtor subsequent to seizure void as against claims enforceable under seizure.
237. Seizure of immovable by written notice of prohibition.
238. Effect of publication of seizure and registration of notice of seizure.
239. When seizure must be ordered to be withdrawn.
240. List to be made of property seized.
241. Claims to property seized to be reported by Fiscal and investigated by court.
242. Claim to be made at earliest opportunity.
243. Claimant to adduce evidence.
244. Discretion of court to release the property claimed.
245. When may court disallow the claim.
246. Court may continue seizure subject to mortgaged or lien.
247. Action by party claiming right.
248. Punishment as well as damages may be awarded for groundless claim.
249. Seizure of partnership property for debt of partner, other partner may apply for release.
250. Undertaking to be given by applicant.
251. Undertaking, to whose benefit it.
252. Interest of judgment- debtor may be sold.
253. Coin or currency notes to seize how dealt with.
254. How may decree of court, seized be realized.
255. Procedure in case of other property sized by fiscal.
256. Advertisement where property exceeds five thousand rupees in value. [37, Law 20 of 1977.]
258. Proceedings at the sale.
259. Court may in certain cases postpone sale.
260. Deposit by purchaser.
261. Payment in full.
262. Default in payment, consequence of.
263. Fresh notification on resale.
264. Bid by a co-sharer.
265. Fiscal to satisfy himself as to bona fides of bidder.
266. Deficiency on resale to be purchaser on Fiscals certificates.
267. On highest bidder not making deposit, next highest may be declared purchaser; difference to be paid by highest bidder on Fiscals certificate.
268. Forfeiture of deposit.
269. Differences realized to augment the purchase money.
270. The amount certified by Fiscal to be recovered as by execution of decree. Cost of notice, publication, or proclamation.
271. No officer conducting sale to bid.
272. Holder of decree may be or purchase.
273. Place of sale of immovable property.
274. Sale of a negotiable instrument or a share in any public company .
275. Sale of other movable property.
276. What may vitiate sale.
277. Delivery to purchaser.
278. Delivery where third party is in possession.
279. Delivery of unsecured debt or share.
280. Endorsement of negotiable instrument or share certificate.
281. In case of other movable property court may make vesting order.
282. Sale not absolute until after thirty days and confirmation by court.
283. Order confirming the sale.
284. When purchaser may apply to set aside sale.
285. When purchaser may get back his purchase money.
286. Conveyance to purchaser. Conveyance to contain sufficient map of the premises.
287. Court may order delivery of possession to purchaser.
288. Mode of delivery where property is in occupancy of person entitled to occupy.
289. Right and title of judgment-debtor not divested by sale till confirmation and execution of Fiscals conveyance.
290. Fiscal may enter property sold.
291. Person in possession may use and enjoy until confirmation of sale.
292. On confirmation and execution of conveyance, Fiscal to deliver possession to grantee.
293. Judgment-debtor may be restrained from waste.
294. Punishment for committing waste.
295. And for disobeying order.
296. Mode of payment to court by attorneys-at- attorneys-at- law and other persons. [39, Law 20 of 1977.]
297. Mode of payment to court by Fiscal [39, Law 20 of 1977.]
298. Issue of warrant for arrest of debtor execution of decree for money.
299. Issue of notice on debtor as alternative to warrant.
300. Application for warrant to be made by petition and affidavit.
301. No arrest for sum under Rs. 1,500. [40 Law 20 of 1977.]
302. Woman not liable to arrest in execution.
303. Warrant to issue where debtor fails appear on notice.
304. Execution of warrant of arrest.
305. Officer effecting arrest to release debtor on payment of amount of decree and costs of arrest.
306. Discharge of debtor where amount of decree and costs of arrest paid into court.
307. Debtor who has no cause to show to be discharged or committed to Jail.
308. Debtor who has cause to show to be discharged or committed to Jail after inquiry.
309. Written statement to be filed by debtor who desires to show cause.
310. Debtor to be committed to jail or to give security for appearance pending inquiry.
311. Issue of warrant of committal to jail.
312. Debtor discharged under section 306 or section 308 not to be rearrested.
313. Sufficient interim subsistence money to be deposited before arrest.
314. Subsistence allowance during imprisonment to be fixed on commitment.
315. Allowance to be paid monthly in advance.
315A. Power to vary allowance or additional payments.
316. Disbursements by decree holder to be deemed costs.
317. When debtor entitled to be discharged from jail.
318. Limit of imprisonment.
319. Endorsement on the warrant.
320. Application for execution of decree for delivery of movable properly, how to be made. Form of writ.
321. Fiscal to procure delivery thereunder.
322. Amount to be levied and manner of execution.
323. Application for execution of decree for delivery of immovable property, how to be made. Form of writ.
324. Fiscal how to proceed thereunder.
325. Procedure in event of resistance to execution of writ or delivery of property. [41, Law 20 of 1977.]
326. Punishment of person obstructing. [10,53 of 1980.]
327. If resistance be made by bona fide claimant in possession, court to dismiss the petition. [41, Law 20 of 1977.]
328. Court shall investigate dispute if bona fide claimant be dispossessed in effecting the execution. [41, Law 20 of 1977.]
329. Effect of order made under section 326 or section 327 or section 328.
330. How subsequent obstruction to be dealt with. [11,53 of 1980.]
331. Application for enforcement of decree for execution of any conveyance, how to be made.
332. Service of the draft conveyance on judgment-debtor. Objections to draft.
333. Execution of the conveyance by the court.
333A. Meaning of conveyance m section 331 332, and 333.'
334. Application for enforcement of decrees, how to be made. Court may issue writ of execution by seizure and sale.
335. Amount to be levied under writ.
336. Discretion of court to issue execution.
337. When subsequent application may be made for execution of decree partly sat is tied.[12,53 of 1980.]
338. Application by one of several decree-holders for execution of the decree for the benefit of all.
339. Application by assignee of a decree for execution thereof, how to be made.
340. Transferee bound by equities.
341. Legal representative of deceased debtor, how made liable.
342. Fiscal may adjourn sale.
343. Stay of proceedings adjournment of sale by court.
344. All questions arising in execution to be determined by order of court and not by separate action.
345. Procedure where there are cross decrees between the parties.
346. Procedure where parties recover different amounts under same decree.
347. Proceedings here one year hat. elapsed from date of decree.
348. Execution against surety.
349. Decree-holder to certify payment to the court.
350. Concurrence and preference. [43, Law 20 of 1977.]
351. Where the same property seized in execution of decrees of more courts than one.
352. Where several decree-holders are entitled to share rate ably in proceeds of a sale of debtor's property.
353. Order for payment of money enforced as a decree.
354. Fine imposed by civil court how to be levied.
355. Writs or warrants to be usually issued to the Fiscal for execution. [44, Law 20 of 1977]
356. To whom may all purpose of court not being writs or warrant be directed. [45, Law 20 of 1977]
357. Fiscal to executed and serve processes of court.
358. Proceedings against Fiscal for contempt, & c. [46, Law 20 of 1977.]
359. Grama seva niladhari or constable to execute or serve processes in his own limits only.
360. Endorsement of process by Fiscal. [47, Law 20 of 1977]
361. Duty of every Fiscal to assist. [48, Law 20 of 1977.]
362. Every writ or process to be valid for the whole of Sri Lanka. [ 49, Law 20 of 1977]
363. What acts not within last section.
364. Form of precept.
365. When process may not be served.
366. Outer door not to be forced.
367. In effecting seizure of movable property inner door may be opened.
368. Person executing process always to have writ with him or copy.
369. Body of person to be arrested must be seized or touched.
370. Fiscals return of writ or precept.
371. Report to be accompanied by affidavit to be attached as an exhibit.
372. Power of Fiscal or other person to administer oath therefore.
373. Summary procedure by petition. [51, Law 20 1977.]
374. Form of petition. [ 52, Law 20 1977.]
375. If incidental to an action, petition to be entitled therein.
376. Affidavits and exhibits to be attached to petition.
377. If grounds are sufficient, order may be nisi, or interlocutory.
378. Order as to costs.
379. Form of order.
380. If grounds are insufficient petition to be refused.
381. Petition and order thereon to be filled.
382. Non- appearance of petitioner on day appointed.
383. When court may take order nisi absolute.
384. Proceedings where both parties appear.
385. Right to reply.
386. Additional evidence when admitted
387. Final order.
388. Endorsement on order nisi.
389. Final order made on non-appearance of respondent, not appealable, but may be set aside.
390. Parties to an action of summary procedure.
391. Journal in an action of summary procedure.
392. On death of a party action does not abate if right to sue survives.
393. On death of one out of more plaintiffs or defendants than one, if right to sue survive to or against the rest, action to proceed.
394. If, on death of one of several plaintiffs, the right to sue survives to the rest jointly with legal representative of deceased, legal representative may be made plaintiff.
395. On death of sole plaintiff, legal representative may be substituted.
396. If no application is made by legal representative action may be declared to abate.
397. In case of dispute, court to decide who is legal representative.
398. Of substitution of legal representative of deceased defendant.
399. Action not abated by marriage of female party.
400. Effect of bankruptcy of plaintiff.
401. When assignee does not continue action.
402. When court itself may order action to abate.
403. No fresh action to be brought where action has abated; but court may set aside order.
404. Continuation of action in other cases of assignment of party's interest.
405. Applications under this Chapter how to be made.
406. Withdrawal and adjustment of action.
407. Permission to bring fresh action not to affect prescription.
408. Adjustment of actions out of court.
409. Payment of money into court.
410. Notice thereof.
411. Interest on deposit not allowed to plaintiff after notice.
412. Procedure where plaintiff accepts payment in part satisfaction of his claim.
413. Procedure where plaintiff accepts payment in full satisfaction of his claim.
414. Money must be actually paid.
415. This Chapter to apply to any party.
416. Security for costs where plaintiff resident out of Sri Lanka. [54, Law 20 of 1977.]
417. Security for costs where defendant resident out of Sri Lanka. [54, Law 20 of 1977.]
418. If security not furnished when ordered, action may be dismissed.
419. What amounts to residing out of Sri Lanka. [55. Law 20 of 1977.]
420. Commission to examine sick person, & c, within jurisdiction.
421. To whom may commission issue.
422. Commission to examine in other cases.
423. When may court issue commission to examine person outside Sri Lanka.
424. Court to execute the commission.
425. Return thereof.
426. Evidence taken under commission when admissible.
427. Foreign courts to which provisions apply.[56, Law 20 of 1977.]
428. Commission to make local investigation.
429. Return thereof.
430. Commission to examine accounts.
431. Court to furnish instructions.
432. Evidence taken on commission shall be filed and recorded in the action.
433. Court may order payment into court of expense.
434. Powers of commissioners.
435. Provisions of this Ordinance as to witnesses to apply.
436. Parties should appear before commissioner.
437. Evidence on affidavit.
438. Affidavit to be duly entitled and to be signed by the declarant.
439. Case of illiterate person.
440. Alteration of affidavit.
440A. Issue of certified copies of statements or complaints made to, or of plans or sketches prepared by, police officers or inquirers and the production of such certified copies. [58, Law 20 of 1977.]
456. Actions by or against the state. [60, Law 20 of 1977]
457. Service of a process.
458. Attorney- General to have reasonable time to appear.
459. Service on public officer.
460. Public officer may apply for time to answer.
461. Attorney-General, Minister, Deputy Minister, and public officer entitled to notice.
461A. Procedure where no notice has been given under section 461. [61, Law 20 of 1977]
462. Writ against person or property in such action.
463. When Attorney-General may intervene.
464. Where Attorney-General docs not intervene action to proceed as against private party.
465. Minister, Deputy minister or public officer need not appear in person.
470. Action by or against a corporation, or company.
471. Service on corporation or company.
472. Actions against trustees, executors, and administrators
473. All executors & c, made parties.
474. Executors and administrators liable in costs.
475. Husband of executor not to be made party.
476. Action by minor.
477. Next friend and guardian ad litem.
478. Procedure where no next friend.
479. Court may appoint guardian ad litem.
480. No order to affect minor not represented.
481. Who may act as next friend.
482. On cause shown court may remove next friend.
483. Retirement of next friend.
484. Death or removal of next friend.
485. Appointment of new next friend.
486. Minor's right of election on coming of age.
487. Discharge of next friend on minors election to proceed with action.
488. Procedure on election of sole plaintiff to abandon on payment of costs.
489. Application to be ex party.
490. Procedure on election of a co-plaintiff to repudiate.
491. Procedure when ex-minor applies to have action dismissed as unreasonable or improper.
492. Minor may in person sue for wages.
493. Application for appointment of guardian ad litem.
494. When officer of court may be appointed.
495. Co-defendant maybe appointed.
496. Court may remove guardian and litem.
497. Death of guardian.
498. Procedure for execution of decree against minor heir.
499. When court may allow next friend funds for suit.
500. Next friend may not compound action without leave of court.
501. This Chapter to apply to persons of unsound mind and mentally deficient persons. [ 13, 53 of 1980.]
502. Majority, what is.
503. Actions by or , against persons in the naval, military or air force.
504. Agent may sue or defend in person.
505. Service of process in such cases.
506. Copy of summons may commanding officer for service.
507. Warrant of arrest may likewise be delivered for execution.
508. Actions of account.
509. Interlocutory order for taking accounts, & c.
510. Form and scope of order.
511. The taking of the accounts.
512. Reasonable care to be taken in appointing the days for the purpose.
513. Procedure where party makes default.
514. What provision apply when an order is made in an action for an inquiry.
515. Adjournment of the hearing until after the accounts & c shall have been taken,.
516. Deposit of the will of deceased.
517. Penalty on neglect.
518. Who may apply for probate or administration. [65, Law 20 of 1977.]
519. Probate or administration compulsory where value of estate is or over twenty thousand rupees. [2,24 of 1969]
520. When Public Trustee may be appointed.
520A. Requirements when Public Trustee applies for letters of administration. [68, Law 20 of 1977.]
521. Security. [69, Law 20 of 1977.]
522. Duties of public Trustee relating to the administration of estates. [70, Law 20 of 1977]
523. To whom grant in either case should be made.
524. Mode of application and proof in case of a will.
525. Affidavit of no opposition.
526. Court if satisfied with proof, to make order nisi declaring will proved.
527. Order nisi to direct probate.
528. Grant of administration with the copy will annexed.
529. When court may make order absolute in the first instance.
530. Mode of application and proof for grant of administration in absence of a will. [75, Law 20 of 1977.]
531. Court declaring petitioner's order nisi for issue of grant.
531A. Court to forward declaration made by me petitioner to the Commissioner-General of Inland Revenue. [76, Law 20 of
531B. Court to grant probate or letters of administration upon provisional certificate. [76, Law 20 of 1977.]
532. Notice of order nisi to be advertised. [77, Law 20 of 1977.]
533. At final hearing on objection, court shall frame issues.
534. When order nisi shall be made absolute and. When discharged.
534A. Procedure where a corporation is appointed executor under a will. [78, Law 20 of 1977]
535. Who may file a caveat. Effect thereof.
536. Power of District Court to recall or revoke probate or grant of administration
537. Applications therefore to be by petition.
538. Inventory and valuation.
539. Limited probate and administration.
539A. Administration pendente lite. [81, Law 20 of 1977]
539B. Limited letters for sale of property of estate. [81, Law 20 of 1977]
540. Power of administration when not limited.
541. Court may dispense with security.
542. Person dying intestate, death to be reported by next of kin. [2, 24 of 1969.]
543. Penalty for neglect.
544. Who may apply for administration in case of Intestacy. [83, Law 20 of 1977]
545. In event of no application, court may appoint some person to administer the estate. Compulsory, where the value of the estate is twenty thousand rupees or over. [2, 24 of 1969.]
546. Issue of letters ad colligenda.
547. No action maintainable to recover property of testator or intestate of over twenty thousand rupees unless probate or administration has been taken out. [ 84, law 20 of 1977.]
548. Probate when executor is appointed for limited purpose.
549. Fresh grant, when allowed.
550. Rectification of errors in grant.
551. Compensation of executors and administrators.
552. Compensation of several executors.
553. Filing of the account, and payment into court.[85, Law 20 of 1977.]
554. Executor or administrator who fails to administer within the year liable for interest.
554A. When a certificate of heir ship may be applied for. [86, Law 20 of 1977.]
554B. Mode of application. [86, Law 20 of 1977.]
554C. Court if satisfied with proof to make order nisi [86, Law 20 of 1977.]
554D. At final hearing on objection court shall frame issues. [86, Law 20 of 1977.]
554E. When order nisi shall be made absolute and when discharged. [86, Law 20 of 1977.]
554F. When the estate of a deceased person is deemed to be insolvent.[87, Law 20 of 1977.]
554G. Where estate insolvent, applicant for probate, & c, to take steps to have it so declared. [87, Law 20 of 1977.]
554H. Where estate insolvent, executor or administrator to take steps to have it so declared. [87, Law 20 of 1977.]
554J. Creditor, & c, may also apply for adjudication of estate as insolvent.[87, Law 20 of 1977]
554K. Order nisi declaring estate insolvent. [87, Law 20 of 1977.]
554L. When order nisi to be served.[87, Law 20 of 1977.]
554M. Person interested may intervene. [87, Law 20 of 1977.]
554N. Order absolute to be advertised [87, Law 20 of 1977.]
554P. Actions and execution proceedings to be stayed after such order nisi.[87, Law 20 of 1977.]
554Q. When court may point fit administer estate. [87, Law 20 of 1977.]
554R. How insolvent estate to be distributed. [87 Law 20 of 1977.]
554S. Powers and obligations of executors and administrators. [87, Law 20 of 1977.]
554T. Administration of estates not to be saved due to appeal .[87, Law 20 of 1977.]
554U. Sealing of foreign probates or letters of administration. [87, Law 20 of 1977.]
554V. Conditions to be fulfilled before sealing.[87, Law 20 of 1977.]
554W. Security for payment of debts. [87, Law 20 of 1977.]
554X. Duplicate or copy of probate or letters of administration. [ 87, Law 20 0f 1977.]
554Y. Liabilities of executors and administrators. [87, Law 20 of 1977.]
554Z. Resealing court deemed to be court issuing probate or letters of administration. [87, Law 20 1977.]
554AA. British Courts Resealing Rules deemed to be in force.[87, Law 20 of 1977.]
554BB. Interpretation [87, Law 20 of 1977.]
554CC. Stamp duty to be first charge on the estate of the deceased. [87, Law 20 of 1977.]
554DD. Transitional provision. [87, Law 20 of 1977.]
555. Definition of "person of unsound mind."
556. District Court to institute inquiry.
557. When may petition be dismissed.
558. Procedure on court being satisfied that inquiry ought to be instituted.
559. Proceeding in such case.
560. Person alleged to be of unsound mind may be required to attend.
561. Assessors.
562. Issue.
563. Trial of issue to be public.
564. Person of unsound mind to be present.
565. Adjudication on the Issue. Costs.
566. When petition to be dismissed after inquiry.
567. Manager to be appointed.
568. Guardian of person.
569. Allowance to manager or guardian.
570. Duties of guardian.
571. Powers of manager. Restrictions on manager's powers.
572. Inventory. Account.
573. Excess over expenditure, to be paid into kachcheri.
574. Relative may sue for account.
575. Manager or guardian how to be removed.
576. Punishment for neglect or refusal to account.
577. Where not necessary court need not appoint manager.
578. Further inquiry when person of unsound mind so found alleged to have recovered.
579. Saving of Mental Diseases Ordinance.
580. Appeal to Court of Appeal.
580A. Provisions applicable to menially deficient persons. [14,53 of 1980.]
581. Proceedings exempt from stamp duty.
582. Certificate of right to have charge of minor's property.
583. Application for appointment of person to have charge of property or person of minor.
584. To be made in district where minor resides.
585. Charge of property of minor to whom to be granted.
586. When charge of property may be granted to any fit person.
587. Guardian to have charge of the person and maintenance, to be appointed at the same time.
588. Costs of inquiries.
589. Impeachment of the inventory and accounts.
590. Any relative of minor may sue curator for accounts.
591. Recall of the certificates.
592. Resignation and discharge of curator of property, or guardian of person of minor.
593. Allowance of curator.
594. Minor's education.
595. Trustees.
596. Procedure in matrimonial actions.
597. Court of district in petitioner resides to have jurisdiction.
598. Co-defendant.
599. Affidavit where co-defendant is excused.
599A. Sections 598 and 599 to apply where adultery of the husband is alleged. [91, Law 20 of 1977.]
602. Decree to be passed declaring marriage dissolved. [93, Law 20 of 1977.]
603. Defendant when entitled to relief.
604. Decree to be decree nisi in the first instance.[94, Law 20 of 1977.]
605. Decree when to be made absolute.
607. Actions of nullity of marriage.
608. Application for separation or for divorce whether after decree of separation or otherwise.
609. Separated wife's property.
610. Separated wife's contracts amp rights to sue.
611. When decree for separation may be revised by the court which made it.
612. Co-defendant may be order to pay costs.
614. Alimony pen-dente lite.
615. Settlement upon decree of divorce or separation. [100, Law 20 of 1977.]
618. Court may inquire into ante-nuptial and post nuptial settlements.
619. Court may before decree for separation order maintenance of minor children.
620. Court may after decree of separation make order respecting custody, & c., of minor children.
621. Court may make interim order and also provide for custody, & c, of minor children in decree.
622. Court may after decree absolute make orders respecting custody, & c, of minor children.
623. Adjournment and further evidence.
624. Appeal.
624A. Enforcement of alimony and maintenance orders. [102, Law 20 of 1977.]
625. When parties may marry again. [103, Law 20 of 1977.]
626. Protection of third parties dealing with wife after decree made and before reversal.
627. Saving of the application of this Chapter as to Muslim and Kandyan marriages. [104, Law 20 of 1977.]
628. Interpleader actions.
629. Form of plaint.
630. Property claimed to be deposited in court.
631. Procedure at the hearing.
632. Who may not be sued in interpleader.
633. Of the plaintiff costs therein.
634. Procedure where stakeholder is sued by defendant.
635. Power to make order for costs not with standing want of jurisdiction.
636. When want of jurisdiction caused by exclusive jurisdiction of any court or tribunal, averment of jurisdiction in plaint is traversed. [105, Law 20 of 1977.]
637. Order of dismissal not reversed on appeal, conclusive as to jurisdiction of other court. [105, Law 20 of 1977.]
638. And conversely. [105, Law 20 of 1977.]
650. Arrest before judgment. [106, Law 20 of 1977]
651. Arrested person to be discharged on giving bail. otherwise committed to prison.
652. Arrested person may deposit money with Fiscal instead of giving bail.
653. Of sequestration before judgment. [107, Law 20 of 1977]
654. Plaintiff to give security before such warrant of arrest or sequestration is issued.
655. Who may make affidavit in lieu plaintiff.
656. Punishment for wilfully false statement.
657. Manner of sequestration.
658. Manner of investigating any claim to property sequestered.
659. Costs and damages where sequestration wrongful.
660. Effect of sequestration on prior rights.
661. Subsequent seizure of property under decree unnecessary.
662. When Injunction may be granted.
663. Disobedience to injunction how punished.
664. Application to be on notice to opposite party.
665. Effect on corporation, & c.
666. How set aside or varied.
667. When court may award compensation to respondent.
668. Order for sale of perishable property.
669. Order for detention, preservation, or inspection of property.
670. Application herein to be made by way of summary procedure.
671. When court may appoint a receiver.
672. Notice of application.
673. Receivers to give security and pass accounts.
674. Power of court to remove, or require fresh security.
675. Powers conferable by the court not to exceed those of parties themselves.
676. Matter in difference in action may by consent of parties be referred to arbitration.
677. The matter in difference to referred to arbitrator by order of court.
678. Appointer of an umpire.
679. In event of death, & c, court may appoint new arbitrator; or supersede arbitration.
680. When court may appoint umpire.
681. Powers of umpire appointed after reference.
682. Court to issue process.
683. Extension of time for award.
684. When umpire may enter on the reference in lieu of arbitrators.
685. Award to be filed in court.
686. Award may be in form of special case.
687. Application to set aside or correct the award.
688. When court may correct award.
689. Court may make order as to costs.
690. When court may remit award for reconsideration.
691. When an award is void. When award is not valid
692. Judgment to be according to the award.
693. Agreement to refer any difference to arbitration may be filed in court.
694. Court to order reference thereon.
695. Provisions of this Chapter to apply to such reference.
696. Award made on a reference independently of court may be filed in court.
697. Application therefore.
698. Filing and enforcement of such award.
699. Agreed statement of case for decision of court.
700. When value of property is to be stated therein .
701. To what court agreement may be presented.
702. Judgment and decree thereon.
703. Action by summary procedure on liquid claims.
704. Defendant not to appear or defend except with leave.
705. Instrument to be produced with the plaint, and affidavit to be made.
706. When leave to defend may be granted.
707. When court may set aside decree, &c.
708. Court may order deposit of instrument.
709. Recovery of expenses incurred in noting.
710. Saving clause.
711. Special trial roll to be kept.
712. Proceedings to discover property withheld, &c.
713. Order to accompany citation.
714. Examination of person cited.
715. Further evidence.
716. Unless the person cited gives security decree awarding to possession to the petitioner.
717. Disobedience to decree contempt.
718. Executor, &c, how compelled to return inventory and accounts.
719. How executor or administrator may be discharged from commitment.
720. Petition by creditor or legatee to compel payment.
721. Citation to issue. Hearing and decree.
722. Appeal.
723. Executor may file intermediate account at any time.
724. Court may compel executor to file intermediate account at any time.
724A. Procedure where executor or administrator has failed to file an account under section 553. [108, Law 20 of 1977.]
724B. Court to grant a discharge to the executor or administrator where estate has been duly administered and distributed. [108, Law 20 of 1977.]
725. Judicial settlement of account .
726. Who may apply for accounting.
727. Order to account.
728. Person cited may bring in other parties.
729. Executor, &c, may petition for judicial settlement of his account. Citation.
730. Hearing.
731. Creditor not citied may appear.
732. Executor, &c. whose grant has been revoked may petition.
733. Affidavit to be annexed to accounts.
734. Vouchers to be produced.
735. Accounting party to be examined.
736. Court to determine claims.
737. Prescription.
738. Court may allow for property lost & c.
739. Effect of judicial settlement.
740. Decree for payment and distribution.
741. When specific property may be delivered.
742. When money may be retained.
743. Share of person of unsound mind minor.
744. Appeal.
745. Compulsory judicial settlement of accounts in cases of persons of unsound mind, mentally deficient persons and minors. [ 16, 53 of 1980.]
746. Voluntary judicial settlement of accounts in case of persons of unsound mind and minors.
747. Procedure.
748. Appeal.
749. Requisites of petitions relating to persons of unsound mind, mentally deficient persons, minors, or trustees. [17,53 of 1980.]
750. Citations.
751. Security bonds.
752. Security From managers and curators. [18,53 of 1980.]
753. Powers of revisions by Appeal
754. Mode of Preferring appeal.[109, Law 20 of 1977.]
755. Notice of appeal. [109, Law 20 of 1977.]
756. Procedure in respect of appeal and application for leave to appeal .[109, Law 20 of 1977.]
757. Security to be bond by bond and with surety.
758. Form of appeal.[111, Law 20 of 1977].
759. Where petition to be rejected.
760. When one of several plaintiffs or defendants may appeal against whole decree.
760A. Death or change of status of party to appeal. [113, Law 20 of 1977.]
761. Application for execution of decree not to be entertained till expiry of appealable time. [114, Law 20 of 1977.]
763. Application for execution of decree pending appeal must be on notice to debtor; and execution will only be granted on security.
764. Exception in favour of the State.
765. Appeal notwithstanding lapse of time.
766. Petition therefore.
767. Order of Court of Appeal thereon.
768. Hearing of appeal. [116, Law 20 of 1977]
769. Appellant and respondent to be heard.
770. Power of court to adjourn hearing. [118, Law 20 of 1977.]
771. Rights of respondent to object to decree.
772. Rights of respondent at hearing.
773. Power of court to dismiss the appeal, affirm, vary or set aside the decree or direct new trial, &c. [119, Law 20 of 1977.]
774. Judgment of the court.
776. Decree of the Court of Appeal.
777. Execution of the decree passed in appeal.
792. Summary procedure case of contempt.
793. Summons to accused.
794. When may court issue warrant simultaneously with summons.
795. Judge to record minute of facts observed by him.
796. On day of hearing court may ask accused if he admits truth of charge.
797. Form of the conviction and sentence thereon.
798. Appeal to Court of Appeal.
799. Procedure for carrying out sentence of court in case of conviction for contempt.
800. Sentences to be imposed under this Chapter. [20, 53 of 1980.]
834f. Privilege from arrest of Judges, parties registered attorneys and counsel.
835. When may civil court send cases for investigation to Magistrate.
836. Warrant of arrest may be cancelled on ground of illness of party.
837. Judgment debtor under arrest may be released on illness.
838. Released judgment debtor may be rearrested.
839. Inherent powers of court saved.