CIVIL PROCEDURE CODE
AN ORDINANCE TO CONSOLIDATE AND AMEND THE LAW RELATING TO THE PROCEDURE OF THE CIVIL COURTS.
Sections
1. Short title.
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. [3,20 1977]
11. Plaintiffs.
12. Where joint tenants or tenants in common.
13. Substituted and added plaintiffs.
14. Defendants.
14A. Substitution where 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]
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.
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, effectual.
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. [2,12 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. [6,20 of 1977] [3,79 of 1988]
40. Requisites of Plaint [7,20 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. [8,20 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.[9,20 of 1977]
55. Summons. [10,20 of 1977] [2,14 of 1997]
59. Service of summons to be by registered post. [3,14 of 1997]
60. Personal service.[3,14 of 1997]
61. Proof of service.[3,14 of 1997]
62. Substituted service. [12,20 of 1977] [4,14 of 1997]
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 granting leave for service of summons out of Sri Lanka. [6,79 of 1988]
71. Form of summons.
72. Judgment against defendant if he admits claim of the plaintiff.[15,20 of 1977]
73. Answer to be in writing. [15,20 of 1977]
75. Requisites of answer.[17,20 of 1977]
76. Jurisdiction of court to be specially traversed.
77. Rejection and amendment of answer.[7,79 of 1988]
78. Copy of answer to be delivered to plaintiff or his registered attorney. [18,20 of 1977]
79. When replication may be allowed. [19,20 of 1977]
80. Day of trial. [8,79 of 1988]
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. [23,20 of 1977]
85. Procedure in ex parte trial. [23,20 of 1977]
86. If defendant excuses his default, any order or judgment to be set aside. [23,20 of 1977]
87. Non-appearance of Plaintiff. [23,20 of 1977]
88. No appeal against Judgment for default but order setting aside or refusing to set aside judgment appealable. [23,20 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. [23,20 of 1977]
91A. Postponements, adjournments and extensions of time.[25,20 of 1977]
92. Journal.
93. Amendments of pleadings. [9,79 of 1988][3,9 of 1991]
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. [26,20 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 case.
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 to see witness thus tested.
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. Reply. When rebutting evidence is admissible.
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.[30,20 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 bene 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.[11,79 of 1988]
183A. Who may make affidavits in lieu of the parties to the action. [12,79 of 1988]
183B. Punishment for willful false statement made under section 183A. [12,79 of 1988]
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. [32,20 of 1977]
186A. Validation in certain circumstances of judgments pronounced by successors in office of Judges. [2,3 of 1960]
187. Requisites of Judgment.
188. Decree.
189. Amendment of Judgments, decrees and orders.
190. Requisites of decree relating to immovable property.[33,20 of 1977]
191. Requisites of decree relating to movable property.
192. At what rate may interest on money be decreed [5,53 of 1980][3,6 of 1990]
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. [5,14 of 1997]
210. Court shall direct by whom costs are be paid and estimate value in certain cases. [6,14 of 1997]
211. Court may apportion costs. [7,14 of 1997]
212. Set-off costs.
213. Court may give interest on costs. [7,53 of 1980] [8,14 of 1997]
214. Costs to be taxed. [9,14 of 1997]
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 therefor.
225. Court to satisfy itself as to conformity &c 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 mortgage 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 seized 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. [37,20 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 Fiscal's certificates.
267. On highest bidder not making deposit, next highest may be declared purchaser; difference to be paid by highest bidder on Fiscal's 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 Fiscal's 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. [39,20 of 1977]
297. Mode of payment to court by Fiscal. [39,20 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. [40,20 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 leveled 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. [41,20 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. [41,20 of 1977] [15,79 of 1988]
327A. Where claim is established only to a share of the property.[16,79 of 1988]
328. Court shall investigate dispute if bona fide claimant be dispossessed in effecting the execution. [41,20 of 1977] [17,79 of 1988]
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. [43,20 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 rateably 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.
356. To whom may all purpose of court not being writs or warrant be directed.
357. Fiscal to executed and serve processes of court.
358. Proceedings against Fiscal for contempt, & c. [46,20 of 1977]
359. Grama seva niladhari or constable to execute or serve processes in his own limits only.
360. Endorsement of process by Fiscal.
361. Duty of every Fiscal to assist. [48,20 of 1977]
362. Every writ or process to be valid for the whole of Sri Lanka. [49,20 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. Fiscal's return of writ or precept. [ 4,6 of 1993]
371. Report to be accompanied by affidavit to be attached as an exhibit.
372. Power of Fiscal or other person to administer oath therefor.
373. Summary procedure by petition [51,20 of 1977]
374. Form of petition [52,20 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. [4,6 of 1990]
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, 20 of 1977]
417. Security for costs where defendant resident out of Sri Lanka. [54,20 of 1977]
417A. Amount of security for payment of costs. [10,14 of 1997]
418. If security not furnished when ordered, action may be dismissed.
419. What amounts to residing out of Sri Lanka. [55,20 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.[56,20 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.[21,79 of 1988]
438. Affidavit to be signed by declarant.[22,79 of 1988]
439. Case of illiterate person. [23,79 of 1988]
440. Alteration of affidavit.[24,79 of 1988]
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. [58,20 of 1977]
456. Actions by or against the state.
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.
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 executrix 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 minor's election to proceed with action.
488. Procedure on election of sole plaintiff to abandon on payment of costs.
489. Application to be ex parte.
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 may be appointed.[2,20 of 2002]
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. [2,12 of 1996]
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 be sent to 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. [4,14 of 1993]
517. Application for probate or administration. [4,14 of 1993]
518. Probate or administration compulsory when there is a will. [4,14 of 1993]
519. When Public Trustee may be appointed. [4,14 of 1993]
520. Security. [4,14 of 1993]
521. Application for administration by the Public Trustee. [4,14 of 1993]
522. Duties of Public Trustee in administering estates. [4,14 of 1993]
523. To whom grant should be made. [4,14 of 1993]
524. Mode of application and proof in case of a will. [4,14 of 1993]
525. Duty to report where person dies leaving property exceeding five hundred thousand rupees in value. [4,14 of 1993]
526. Who may apply for letters of administration. [4,14 of 1993]
527. Administration compulsory where estate is over five hundred thousand rupees in value. [4,14 of 1993]
528. Mode of application for letters of administration or certificates of heirship. [4,14 of 1993]
529. Publication of notice relating to application under section 524 or 528. [4,14 of 1993]
530. Appointment of guardian or manager. [4,14 of 1993]
531. Order on application made under section 524 or 528. [4,14 of 1993]
532. Procedure where there are objections to applications under section 524 or 528. [4,14 of 1993]
532A. Effect of acting in pursuance of a certificate of heirship. [4,14 of 1993]
533. At final hearing court to frame issues. [4,14 of 1993]
534. Orders that may be made on final hearing. [4,14 of 1993]
535. Procedure where corporation is appointed administrator or executor. [4,14 of 1993]
536. Who may file caveat. [4,14 of 1993]
537. Power to recall, revoke or cancel probate administration or certificate of heirship. [4,14 of 1993]
538. Transitional for recall & c. [4,14 of 1993]
539. Inventory and valuation. [4,14 of 1993]
540. Limited probate or administration. [4,14 of 1993]
541. Administration pendente lite. [4,14 of 1993]
542. Power of administration when not limited. [4,14 of 1993]
543. Issue of letters ad colligenda. [4,14 of 1993]
544. Nomination. [4,14 of 1993] [ 2,34 of 2000]
545. No action maintainable in certain cases. [4,14 of 1993]
546. Probate when executor is appointed for a limited period. [4,14 of 1993]
547. Fresh grant, when allowed. [4,14 of 1993]
548. Rectification of errors. [4,14 of 1993]
549. Compensation of executors and administrators. [4,14 of 1993]
550. Compensation of several executors. [4,14 of 1993]
551. Filing of accounts. [4,14 of 1993]
552. Executor or administrator failing to administer within one year liable for interest. [4,14 of 1993]
553. Offences. [4,14 of 1993]
554. Transitional provisions. [4,14 of 1993]
554A. Interpretation. [4,14 of 1993]
554F. When the estate of a deceased person is deemed to be insolvent.[87,20 of 1977]
554G. Where estate insolvent, applicant for probate, & c, to take steps to have it so declared. [87,20 of 1977]
554H. Where estate insolvent, executor or administrator to take steps to have it so declared. [87,20 of 1977]
554J. Creditor, & c, may also apply for adjudication of estate as insolvent.[87,20 of 1977]
554K. Order nisi declaring estate insolvent. [87,20 of 1977]
554L. When order nisi to be served.[87,20 of 1977]
554M. Person interested may intervene. [87,20 of 1977]
554N. Order absolute to be advertised [87,20 of 1977]
554P. Actions and execution proceedings to be stayed after such order nisi.[87,20 of 1977]
554Q. When court may point fit administer estate. [87,20 of 1977]
554R. How insolvent estate to be distributed. [87,20 of 1977]
554S. Powers and obligations of executors and administrators.[87,20 of 1977]
554T. Administration of estates not to be saved due to appeal .[87,20 of 1977]
554U. Sealing of foreign probates or letters of administration. [87,20 of 1977]
554V. Conditions to be fulfilled before sealing.
554W. Security for payment of debts.
554X. Duplicate or copy of probate or letters of administration. [87,20 of 1977]
554Y. Liabilities of executors and administrators. [87,20 of 1977] [5,14 of 1993]
554Z. Resealing court deemed to be court issuing probate or letters of administration. [87,20 of 1977]
554AA. British Courts Resealing Rules deemed to be in force.[87,20 of 1977]
554BB. Interpretation [87,20 of 1977]
554CC. Stamp duty to be first charge on the estate of the deceased. [87,20 of 1977]
554DD. Transitional provision. [87,20 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. [41,79 of 1988]
583. Application for appointment of person to have charge of property or person of minor.
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. [91,20 of 1977]
602. Decree to be passed declaring marriage dissolved. [93,20 of 1977]
603. Defendant when entitled to relief.
604. Decree to be decree nisi in the first instance.[94,20 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 &c, 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.
613. Intervenient under section 606 may be ordered to pay costs.
614. Alimony pen-dente lite.[99,20 of 1977]
615. Settlement upon decree of divorce or separation. [100,20 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. [102,20 of 1977]
625. When parties may marry again. [103,20 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. [104,20 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. [105,20 of 1977]
637. Order of dismissal not reversed on appeal, conclusive as to jurisdiction of other court. [105,20 of 1977]
638. And conversely. [105,20 of 1977]
650. Arrest before judgment.
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.
654. Plaintiff to give security before such warrant of arrest or sequestration is issued.
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. How disobedience to injunction or enjoining order punished. [44,79 of 1988]
664. Application to be on notice to opposite party.[45,79 of 1988]
665. Effect on corporation, & c.[46,79 of 1988]
666. How order set aside or varied. [47,79 of 1988]
667. When court may award compensation [48, 79 of 1988]
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 conferrable 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. Appointment 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.
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 551. [108,20 of 1977][6,14 of 1993]
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. [49,79 of 1988]
754. Mode of Preferring appeal.[109,20 of 1977][50,79 of 1988]
755. Notice of appeal. [109,20 of 1977] [50,79 of 1980] [50,79 of 1988]
756. Security to be by bond and with surety. [50,79 of 1980] [50,79 of 1988] [12,14 of 1997]
757. Procedure in respect of application for leave to appeal.[50,79 of 1988] [3,38 of 1998]
758. Language and form of appeal.[50,79 of 1988]
759. Where petition to be rejected.[50,79 of 1980] [50,79 of 1988]
760. When one of several plaintiffs or defendants may appeal against whole decree. [50,79 of 1980] [50,79 of 1988]
760A. Death or change of status of party to appeal. [113,20 of 1977]
761. Application for execution of decree not to be entertained till expiry of appealable time. [114,20 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. [51,79 of 1988]
766. Petition therefor, to be presented immediately to the court of Appeal.
767. Order of Court of Appeal thereon.
768. Hearing of appeal [116,20 of 1977]
769. Appellant and respondent to be heard.
770. Power of court to adjourn hearing. [118,20 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. [119,20 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]
801. Provisions for Small Claims Courts.
802. Filing of plaint and other pleadings.
803. Plaint to be numbered.
804. Plaint to state cause.
805. What cause of action may be joined.
808. Summons to issue.
807. Of the transmission of summons.
808. Of the service of summons.
809. The defendant to appear and admit or deny the claim.
810. Examination of parties.
811. Of the claim in reconvention.
812. Of entering admission.
813. Action founded upon account or instrument for payment of money.
814. Immaterial variance to be disregarded.
815. Amendment of pleading.
818. Consequence of neglect to plead claim in reconvention.
817. Cases to which section 816 does not apply.
818. Judgment upon claim in reconvention.
819. Fixing the case for trial.
820. Adjournments.
821. The Court may upon adjournment order. examination of witnesses.
822. Proceedings on default of appearance of plaintiff.
823. Sections 94 to 100 not to apply to Small Claims Courts.
824. The attendance of witnesses.
825. Chapter XVII, exclusive of section 121, to apply to Small Claims Courts.
826. The trial.
827. Record of the proceedings.
828. Extent of application of Chapter XIX to Small Claims Courts.
829. Action by way of summary procedure on liquid claims.
830. Judgments and decrees.
831. Appeal and stay of execution pending appeal.
832. Executions.
833. Taxation of costs and stamp duty.
833A. Appeals.
833B. Exemption from stamp duty.
833C. Reference of disputes affecting land.
833D. Interim order.
833E. Validity of orders.
833F. Bar to fresh proceedings.
833G. Where proceedings are filed in competent court or tribunal.
833H. Determination and order of Judge of Small Claims Court when dispute is in regard to possession.
833J. Determination and order of Judge when dispute is in regard to any other right.
833K. Security for possession or exercise of any right may be ordered.
833L. Order where no party appears.
833M. Material on which Judge may act.
833N. Penalty for contravention of, or failure to comply with order.
833P. Order not to affect right or interest which may be established in competent court or tribunal.
833Q. Meaning of "dispute affecting land".
833R. Fiscal to execute orders of court.
834. 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.
840. Regulations. [13,14 of 1997]