Sri Lanka Consolidated Acts

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Debt Recovery (Special Provinces) Act (No. 2 of 1990) - Sect 27

Appointment of representative of deceased debtor or of deceased party to an action under this Act

27.
(1) Where any debtor of an institution die:-; before the institution of an action under this Act in respect of any debt owed to the institution or and debtor of an institution or any person who is or becomes a party to an- action instituted under this Art dies after the institution of the action^ and grant of probate of the wilt or issue of letters of administration to the estate of the deceased has not been made, the court in which the action is to be or has been instituted may in its discretion, after the service of notice on such persons, ii any, and after such inquiry as the court may consider necessary, make order appointing a person to represent the estate of the deceased for the purposes of the action and such person may be made or added as a party to the action.
(2) In making any appointment under subsection (2) the court shall appoint as representative a person who, after summary Inquiry, appears to the court to be the person to whom probate of the will or letters of administration to the estate of the deceased would ordinarily be issued;


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