4.
| (1) The institution suing shall on presenting the plaint file an affidavit to the effect that the sum claimed is justly due to the institution' from the defendant and shall in addition produce to the court the Instrument, agreement or document sued upon or relied on by the institution, |
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| (2) If any instrument, agreement or document is produced to court and the same appears to the court to be property stamped (where such instrument, agreement or- document is required by law to be stamped) and not to be open to suspicion by reason of any alteration or erasure or other matter on the face of it, and not to be baited by prescription, the court being satisfied of the contents contained in the affidavit referred to in subsection (4), shall enter a decree nisi in the form set out in the First Schedule to this Act in a sum not exceeding the sum mentioned in the plaint together with interest upto the date of payment and such costs as the court may allow at the time at making the decree nisi together with such other relief prayed for by the Institution as to the court may seem meet and the decree nisi shall be served on the defendant in the manner hereinafter specified. |
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| (3) The day to be inserted in the decree nisi as the day for the defendant's appearance and showing cause, if any, against it shall be as early a day as can conveniently be named, regard being had to the distance from the defendant's residence to the court. |
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| (4) The affidavit to be filed by the institution under sub section (1) shall be made by any director or a principal officer of such institution or by an attorney-at-law duly authorised to bring and conduct the action on behalf of the institution and which affidavit shall be made by such per son having personal knowledge of the facts of the cause of action and such person shall in his affidavit swear or affirm that he desposes from his own personal knowledge to the matters therein contained and shall be liable to be examined as to the subject matter thereof at the discretion of the judge |
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| (5) The institution shall tender with the plaint"
| | (a) the affidavit and instrument, agreement or document referred to in subsection (1) of this section; | | |
| | (b) draft decree nisi; and | | |
| | (c) the requisite stamps for the decree nisi and service thereof. | | |
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Sri Lanka Consolidated Acts