3. Section 4 of the principal enactment is hereby amended as follows ;
| (1) by the repeal of subsection (1) of that section and the substitution therefor of the following subsection ; "
| | (1) The institution suing shall on presenting the plaint, file with the plaint an affidavit to the effect that the sum claimed is lawfully due to the institution from the defendant, a draft decree nisi, the requisite stamps for the decree nisi and for service thereof and shall in addition, file in court, such number of copies of the plaint, affidavit, instrument, agreement or document sued upon, or relied on by the institution, as is equal to the number of defendants in the action." ; | | |
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| (2) in subsection (2) of that section by the substitution for the words " sum mentioned in the plaint", of the words " sum prayed for in the plaint"; |
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| (3) in subsection (3) of that section, by the substitution for the words "from the defendant's residence the court.", of the words " from the defendants residence to the court, and no further time shall be given to the defendant by court thereafter for appearing and showing cause against such decree nisi."; |
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| (4) by the repeal of subsection (4) of that section and the substitution therefor of the following subsection
| | " (4) The affidavit to be filed by the institution under subsection (1) shall be made by a principal officer of such institution having personal knowledge of the facts of the cause of action and such person shall in his affidavit swear or affirm that he deposit 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 the judge "; | | |
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| (5) by the repeal of subsection (5) of that section ;and |
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| (6) by the substitution for the marginal note to that section of the following marginal note : " "Copies of instrument, agreement or document sued on to be filed.". |
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Sri Lanka Consolidated Acts