Sri Lanka Consolidated Acts

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Debt Recovery (Special Provision) (Amendment) Act (No. 9 of 1994) - Sect 10

Replacement of section 11 of the principal enactment

10. Section 11 of the principal enactment is hereby repealed and the following section is substituted therefor : "
11.
(1) Where it appears to the Court that a decree nisi entered in an action instituted under this Act was obtained by willful suppression or non-disclosure of any relevant facts or, if after the entering of the decree nisi, the decree nisi is discharged and the action is dismissed, the court may in the same action, on the application of the party against whom the decree nisi was entered, award against the institution obtaining the same, such sum as it deems reasonable compensation for the expense or injury caused to such party by the entering of the decree nisi, and an award under this subsection shall bar any action for compensation in respect of the entering of the decree nisi.
(2) Notwithstanding the dismissal of any action instituted under this Act where an application is made for compensation under subsection (1)in respect of a decree nisi entered in such action, the action so dismissed shall be deemed to continue until the determination of such application".


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