61. The following new section is hereby inserted immediately after section 461, and shall have effect as section 461A, of the principal enactment:-
| 461A.
| | (1) Where no notice as required by section 461 has been given prior to the institution of the action, and objection is taken prior to or in the answer that no such notice has been given, the court shall stay further proceedings of the action for a period of one month and may order the plaintiff to pay the defendant such costs as it thinks fit. Where proceedings are stayed under this subsection, the date immediately following the period of one month after the date of the institution of such action shall be deemed to be the date of institution of the action where such date is material for the purpose of determining whether the action is prescribed or not, and such action shall thereafter be proceeded with after such notice has been duly given. | | |
| | (2) Where after the giving of such notice as required by section 461, the plaint fails to aver the fact of such notice having been given, the court shall permit an amendment of the, plaint averring the giving of such notice and if a postponement or adjournment is occasioned in consequence thereof, the court may award such costs as it thinks fit. | | |
| | (3) No such action as is referred to in section 461 shall be dismissed only for the reason that no notice prior to the institution of action had been given as required by the said section or that a statement that such notice of action has been duly delivered or left has not been averred in the plaint.". | | |
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Sri Lanka Consolidated Acts