6.
| (1) In an action instituted under this Act the defendant shall not appear or show cause against the decree nisi unless he obtains leave from the court to appear and show cause |
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| (2) The court shall upon the application of the defendant give leave to appear and show causa against the decree nisi either,"
| | (a) upon the defendant paying into court the sum mentioned in the decree nisi; or | | |
| | (b) upon the defendant furnishing such security as to the- court may appear reasonable and sufficient for satisfying the sum mentioned in the decree nisi in the event of it being made absolute; or | | |
| | (c) upon affidavits satisfactory to the court that there is an issue or a question in. dispute which ought to be tried. The affidavit of the defendant shall deal specifically with the plaintiffs claim and state clearly and concisely what the defence is and what facts are relied on ay supporting it. | | |
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| (3) In default of the defendant obtaining such leave for appearance and showing cause the court shall make the decree nisi absolute, and the provisions of section 385 of the Civil Procedure Code (Chapter 101) shall, mutatis mutandis, apply to such order. For tills purpose, the Judge shall endorse the words " Decree nisi made absolute " (or words to the like effect) upon the decree nisi and shall date and sign such endorsement. |
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Sri Lanka Consolidated Acts