52. The following new Chapters are hereby inserted immediately after section 800 of the principal enactment and shall have effect as Chapter LXVI and Chapter LXVIA of that enactment:
| 801. The following special procedure In Small Claims Courts, shall be taken as limiting and controlling the general provisions hereinbefore contained, but so far only as any such provisions are either expressly or impliedly applicable to such courts. Such general provisions shall apply to Small Claims Courts in all respects whenever they are sot inconsistent with the special provisions contained in this Chapter, but where there is any such inconsistency the special previsions herein contained shall apply. |
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| 802. (1) An action may be instituted in the Small Claims Court by the plaintiff presenting or transmitting to the court a duly signed written statement in plain or concise language, or the plaintiff may state his case orally to the judge of such court who shall cause it to be reduced into writing, and obtain the plaintiff's signature to it, and the statement so taken down in writing or the statement presented or transmitted to the court, shall be deemed to be the plaint in the case. |
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| 803. The plaint, or statement by way of plaint, shall hear the serial number of the court in the order in which, and the date of the day and year on which, it was filed, and shall state the names and residences of the parties. |
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| 804. The plaint must state in a plain and direct manner the facts constituting the cause of action. |
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| 805. The plaintiff may unite in the same plaint two or more causes of action when they all arise-
| | (a) out of the same transaction or transactions connected with same subject of action ;or | | |
| | (b) out of contract express or implied : | | |
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| 806. Upon such plaint or statement being filed as aforesaid the court shall, by a note thereon, appoint a date for the appearance of the defendant, such date being a day not later than three months from the date of institution of the action in court and shall inform the plaintiff or his attorney at-law thereof; and the court shall also issue a summons for the appearance of the defendant, stating therein the names and residences of the parties, the substance of the claim, and the number of the case. Every such summons shall be in the Form No. 10 in the First Schedule, |
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| 807. All summonses, orders, and other process issuing from any Small Claims Court shall be signed by the Registrar of the Court, and shall be transmitted to any Fiscal within Sri Lanka for service or execution: |
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| 808. Sections 59 to 71, (both inclusive) and Chanter XXIII of this Ordinance shall apply to the service, return, and proof of service of summons of the Small Claims Court in so far as they are not inconsistent with the provisions contained in the last preceding section. |
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| 809. (1) At the place and on the date specified In the summons the defendant shall be called upon to admit or deny the plaintiff's claim. |
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| 810. The parties may at any stage of the proceeding be examined by court with the view of ascertaining the points at issue between them and of dispensing with any unnecessary evidence. |
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811. If the defendant pleads a claim in re convention with his answer the plaintiff shall be called upon to admit or deny the same. If he denies the claim in reconvention, the plaintiff shall be required fort with, or at such further time as the court shall fix, to plead thereto, and the provisions of subsection (3)of section 809 shall, so for as applicable, apply, mutatis mutandis, to the plaintiff's reply to the defendant's claim in reconvention ; |
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812. If the plaintiff admits the claim in re-convention, the court shall enter such admission on record and shall require the plaintiff to sign the same.
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| 813. For the purpose of setting forth a cause of action, or claim in reconvention founded upon an account or upon an instrument for the payment of money only, it is sufficient for the party to deliver the instrument, or a copy of the account, to the court, and to state that there is due to him thereupon from the adverse party a specified sum which he claims to recover or set off. |
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| 814. A variance between an allegation in a pleading and the proof shall be disregarded as immaterial, unless such proof discloses a new cause of action, or the court is satisfied that the adverse party has been misled there by to his prejudice. |
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| 815. The provision of section 93 shall apply mutatis mutandis in respect of amendment of pleadings in the Small Claims Courts. |
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| 816. Where the defendant in any action neglects to interpose a claim in reconvention consisting of a cause of action in his favour for a like cause, which might have been all owed to him at the trial of the action, he and every person deriving title thereto, through or from him, are for ever thereafter precluded ed from maintaining an action to recover the |
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| 817. The prohibition in the last section contained does not extend to the following cases:
| | (a) where the amount of the claim in reconvention exceeds the monetary jurisdiction of the court; | | |
| | (b) where the claim in reconvention consists of a judgment rendered before the commencement of the action in which it might have been interposed; | | |
| | (c) where the claim in reconvention is for unliquidated damages; | | |
| | (d) where the claim in reconvention consists of a claim upon which another action was pending at the time the action was commenced; | | |
| | (e) where judgment is taken against the defendant without personal service of summons upon him, or an appearance by him. | | |
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| 818. Where a claim in reconvention is established which equals the plaintiff's claim, the judgment must be in favour of the defendant ; where it is less than the plaintiff's claim, the plaintiff must have judgment for the residue only ; where it exceeds the plaintiff's claim, the defendant must have judgment for the excess, or so much thereof as is due from the plaintiff.
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819 (1) Immediately after the defendant's oral defence has been recorded or his written answer received, as provided by subsection (3) of section 809, or where there is a claim in re-convention immediately after the same has been pleaded to as provided by section 811, the court shall fix a date for the trial of the action, and shall enter a minute thereof on the record ; and all actions fixed for trial shall be entered in their proper order in the trial roll, to be, for that purpose, kept by the Registrar and shall be taken up for trial in the order in which they are so entered : |
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| (2) On the day appointed under subsection (1) of this section, the court shall record the admissions if any, made by the parties as to any facts in issue, or as to the authenticity of any document to be produced at the trial, and shall proceed to determine the issues.
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(3) The parties shall, as soon as the date of trial is fixed, file a list of their witnesses, and of the documents which they propose to read in evidence at the trial, and no witness shall be examined and no document shall be received in evidence at the trial without the leave of the court unless the name of such witness and. the description of such appears in such list.
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| 820. The provisions of section 143 of the Ordinance, shall apply in respect of adjournments in the Small Claims Courts.
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821. Upon granting an application for adjournment the court may direct that any witness who is in attendance be then examined, and the testimony of a witness so examined shall be recorded, and may be read at the trial as the evidence of such witness.
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822. (1) If upon the date specified in the summons or any date to which the filing of answer has been postponed under section 807, or upon any dale fixed for the hearing of the action the plaintiff shall not appear or sufficiently excuse his absence, the plaintiff's action may be dismissed :. |
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(2) If upon the date specified in the summons, or any date to which the filing of answer has been postponed under section 807, or upon any date fixed for the hearing of the action, the defendant shall not appear or sufficiently excuse his absence, the court may, upon due proof of service of the summons, notice, or order requiring such appearance, enter judgment by default against the defendant; |
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(3) If the defendant shall within a reasonable time, after such judgment or order, by affidavit or otherwise, satisfy the court that he was prevented from appearing in due time by accident, misfortune, or other unavoidable cause, or by not having received sufficient information of the proceedings and that he did not absent himself for the purpose of avoiding service of the summons or notice and that he has a good and valid defence on the merits of the case, then the court may set aside such judgment or order and any proceedings had thereon, and may admit the defendant to proceed with his defence- upon such terms and notice to the plaintiff as the court may think fit.
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(4) If upon the day specified in the summons or any day to which the filing of answer has been postponed under section 807. or upon any day fixed for the hearing of the action, neither party appears when the case is called, the court shall enter judgment dismising the plaintiff's action, but without costs.
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(5) When an action has been dismissed under the provisions of subsection (1) or subsection (4) of this section, and the plaintiff has by affidavit or otherwise satisfied the court that he was prevented from appearing by accident, misfortune, or other unavoidable cause, the court may with notice to the defendant either set aside the order of dismissal and proceed with the action upon such terms as it thinks fit or, grant to the plaintiff permission to institute &c., fresh action upon payment into court of the amount (if any) due to the defendant a costs in the previous action
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| (6) No appeal shall lie against any judgment entered under this section for default of appearance, notwithstanding anything to the contrary contained in the Judicature Act. No, 2 of 1978, or In this Code.
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| (7) Sections 84 to 88 (both inclusive), shall not apply to the proceedings in the Small Claims Courts
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. 823. Sections 94 to 100, both inclusive, shall not apply to the proceedings in the Small Claims Court's.
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824. The process of the Small Claims Court for compelling the attendance of witnesses shall be by summons, with or without a clause requiring the production of documents in their possession or control; every such summons shall be substantially in the Form No. 136 in the First Schedule.
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| 825. The provisions of Chapter XVII of this Ordinance, exclusive of section 121, shall apply to the proceedings in the Small Claims Courts. |
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826. On the day of trial the judge shall hear and determine the action according to law.
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| 827. A full and complete record shall be kept of the examination of the parties, the evidence of the witnesses, and of all other proceedings had in the action.
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828. The provisions of Chapter XIX of this Ordinance shall, in far as they are not inconsistent with the provisions is this Chapter contained, apply to the Small Claim Courts.
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| 829. (1) In any action where the claim is for a debt or liquidated demand in money arising upon a bill of exchange, promissory note, or cheque, or instrument, or contract in writing for a liquidated amount of money, or on a guarantee where the claim against the principal is in respect of such debt or liquidated demand, bill, note, or cheque, and the plaintiff desires to proceed by way of summary procedure, he may institute such action in the manner provided in Chapter LIII of this Ordinance, and the provisions of that Chapter, exclusive of section 710, shall, for the purposes of any such action, apply to proceedings in the Small Claims Courts.
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(2) Except as provided in Chapter LIII of this Ordinance, the procedure in any such action shall be the same as the procedure in actions instituted under this Chapter.
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| (3) The provisions of section 183a of the Ordinance in respect of affidavits by parties, and action snail apply in respect of the making of affidavits in Small Claims Courts.
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330. Judgments is Small Claims Courts shall be pronounced in open court, be reduced into writing on the record, and be signed by the Judge, and the provisions of Chapter XX of this Ordinance shall, so far as they are not inconsistent with the provisions contained in this Chapter, apply to the Small Claims Courts.
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831. The provisions of Chapters LVIII,LIX, LX, LXI and LXII with reference to appeals and the stay of execution pending appeal, shall,so far as they are not inconsistent with the provisions of this Chapter, apply to Small Claims Courts.
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| 832. (1) The provisions of Chapter XXII of this Ordinance shall apply to all executions from Small Claims Courts so far as they are not inconsistent with the provisions of this Chapter.
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| {2) Money which has been realised in execution of a decree shall be paid out to the decree-holder on his ex parte application, provided that no notice has been received by the court of any claims to such money by any other person or persons.
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833.(1) Before any writ of execution shall be issued as aforesaid, the Registrar shall, at the request of the party applying for the writ, forthwith tax the costs and expenses of the action as against the adverse party, and shall enter a note of such taxation and of the amount thereby allowed on the record of the case; and such costs and expenses shall in all cases be taxed and payable according to the rates specified in Part IV of the Second Schedule to this Act
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| (2) All proceedings in the Small Claims Courts shall be exempt from the payment of stamp duty under the provisions of the Stamp Duty Act, No. 42 of 1983.
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833A. (1) There shall be no appeal from any judgment, or any order having the effect of a final judgment pronounced by the Judge of any Small Claims Court in any action for debt, damage, or demand, unless upon a matter of law, or upon the admission or rejection of evidence, or with the leave of the Court.
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| (2) Is the event of the Judge refusing to grant leave to appeal, it shall be lawful for the party aggrieved thereby, within seven days from the date of such refusal, to file in the Small Claims Court a written application by petition to the Court of Appeal, for leave to appeal Such application shall forwith be forwarded by the court to the Court of Appeal together with all papers and proceedings of the case, and a record of his grounds and reasons for refusing to grant leave to appeal and shall be disposed of ex parte by a Judge of the Court of Appeal. If upon hearing the application the Judge shall allow the appeal, he shall issue an order to the court to admit the petition of appeal, upon such conditions and within such time as to the Judge shall seem meet.
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833B. Every petition of appeal tendered under section 833a and all documents filed and produced, shall be exempt from stamp duty under the provisions of the Stamp Duty Act, No. 42 of 1983.
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| 833c, (1) Whenever owing to ft dispute affecting land a breach of the peace is threatened or likely |
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| 833D. At any time after proceedings are commended under this Chapter it shall be lawful for the Judge of the Small Claims Court to make an interim order in terms of any order which he is empowered to make under this Chapter, to be in operation until the conclusion of such proceedings. |
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| 833E. (1) An order delivered after the period specified in sub-paragraph (ii) of subsection (6) of section 833c shall be of no force or effect. A Judge of the Small Claims Court who fails to deliver an order within the period specified in sub-paragraph (ii) of subsection (6) of section 833c, shall submit a written report on the failure to make his order within the period specified, to the Chairman of the Judicial Services Commission.
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| (2) Where an order made in respect of a dispute becomes of no force and effect by reason of the operation of subsection (1) any interim order made under section 833b in respect of that dispute, shall also be of no force and effect
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833R. No proceedings shall subsequently be instituted under subsection (1) of section 833c on the same facts or substantially the same facts as constitute such dispute.
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833G. Where proceedings have been, or are filed, in a court of competent jurisdiction, or any competent tribunal involing the same dispute which is the subject matter of proceedings under this Chapter, all proceedings instituted under this chapter shall then be terminated and no further action taken.
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833H. (1) Where the dispute relates to the possession of any land or part thereof it shall be the duty of the Judge of the Small Claims Court holding inquiry to determine on the basis of the statement filed, and affidavits and documents furnished as to which of the parties was in possession of the land or the part thereof on the date of the filing of the statement under section 833c. and make order as to who is entitled to possession of such land or part thereof.
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| (2) Where at an inquiry into a dispute relating to the right to the possession of any land or any part of a land, the Judge of the Small Claims Court is satisfied on the basis of the statement filed and affidavits and documents furnished that any person who has been in possession of the land or part thereof has been forcibly dispossessed within a period of two months immediately before the date on which the statement of affidavit was filed under section 833c, he may make a determination to that effect and make an order directing that the party dispossessed be restored to possession, and prohibiting all disturbance of such possession otherwise than under the authority of an order or decree of a competent court or tribunal.
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| (3) An order under subsection (1) or (2) shall declare any one or more persons therein specified to be entitled to the possession of the land or the part thereof, in the manner specified in such order until such person or persons are evicted therefrom under an order or decree of a competent court of civil Jurisdiction, or an order of a competent tribunal, and prohibit all disturbance of such possession otherwise than under the authority of such an order or decree.
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| (4) An order under subsection (1) may contain in addition to the declaration and prohibition referred to in subsection (3), a direction that any party specified in the order, shall be restored to possession of the land or any part thereof, specified in such order.
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| (5) Where the circumstances so justify it, the court may make order, either-
| | (i) directing the party placed in possession, to furnish security in an appropriate sum against damages, the other party or parties as the case may be, may suffer as a result of being deprived of possession, should a court or tribunal or competent jurisdiction find that the party placed in possession was not entitled to such possession ; or
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| | (ii) placing an independent receiver in possession of such land or part thereof, who shall be answerable to court, for the profits and income from such land or part thereof.
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| (6) Where the court makes an order placing an independent receiver in possession of the land or part thereof, such receiver shall remain in possession until a competent court or tribunal makes an order in regard to possession.
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| (7) Where the court makes an order under paragraph (ii) of subsection (5) placing an independent receiver in possession of such land, or part thereof, it may impose such conditions, as it may deem fit, on such receiver to ensure the proper management and preservation of the land or part thereof and for the accounting of the income thereof.
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833J. (1) Where the dispute relates to any right to any land or any part of a land, other than the right to possession of such land or parr thereof, the Judge of the Small Claims Court shall determine on the basis of the statement filed or affidavit or document furnished which party is entitled to the right, which is the subject of the dispute, and make an order under subsection (2).
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| (2) An order under this subsection may declare that any person specified therein shall be entitled to any such right, in or respecting the land, or in any part of the land as may be specified in the order, until such person is deprived of such right by virtue of an order or decree of a competent court or tribunal and prohibit all disturbance of, or interference with the exercise of such right by such party other than under the authority of an order or decree as aforesaid.
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| 833K. An order made under this Chapter may also contain such other directions as the Judge of the Small Claims Court thinks fit with regard to the furnishing of security for the exercise of the right of possession of the land or part thereof for the exercise of any right in such land or with regard to the sale of any crop or produce, or the manner of exercise of any right in such land or the custody or disposal of the proceeds of the sale of any crop or produce. |
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| 833L. Where the parties to the dispute do not appear before court or having appeared or been produced, do not file any affidavit whether with or without documents annexed, the court shall |
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| 833M. In making a determination and order under this Chapter the Judge of the Small Claims Court shall only take into consideration the statement filed and the affidavits and documents furnished by the parties. No parry shall be permitted to lead oral evidence at any hearing or inquiry under this Chapter. |
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833N Any person who acts in contravention of, or fails to comply with, an order made under this Chapter shall be guilty of an offence and shall on conviction by the Judge of the Small Claims Court be liable to imprisonment of either description for a term not exceeding six months or to a fine not exceeding one thousand rupees or to both such imprisonment and fine.
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833P. (1) An order under this Chapter shall not affect or prejudice any right or interest in any land or part of a land which any person may be able to establish before a competent court or tribunal and it shall be the duty of the Judge of the Small Claims Court, who commence to hold an Inquiry under this Chapter, to explain the effect of these sections to the persons concerned in the dispute and. after making an order under this Chapter to cause a notice explaining the effect at these sections, to he affixed on the land which is the subject of the dispute, and in any other appropriate public place.
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| (2) An appeal shall not lie against any determination or order made under this Chapter.
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| 833Q. In this Chapter "dispute affecting land " includes any dispute as to the right to the possession of any land or part thereof and the buildings thereon or the boundaries thereof, as to the right to cultivate any land or part of a land, or as to the right to the crops or produce of any land, or part of a land, or as to any right in the nature of a servitude affecting the land and any reference to "land" in this Chapter includes a reference to any building standing thereon. |
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| 833R. The Fiscal shall, where necessary, execute all orders made tinder the previsions of this Chapter. |
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Sri Lanka Consolidated Acts