Sri Lanka Consolidated Acts

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Debt Recovery (Special Provision) (Amendment) Act (No. 9 of 1994) - Sect 6

Amendment of section 6 of the principal enactment

6. Section 6 of the principal enactment is hereby amended as follows:"
(1) by the repeal of subsection (2) of that section and the substitution therefor of the following subsection ;
" (2) The court shall upon the filing by the defendant of an application for leave to appear and show cause supported by affidavit which shall deal specifically with the plaintiff claim and state clearly and concisely what the defence to the claim is and what facts are relied upon to support it, and after giving the defendant an opportunity of being heard, grant leave to appear and show cause 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 reasonably and sufficient for satisfying the sum mentioned in the decree nisi in the event of it being made absolute; or
(c) upon the court being satisfied on the contents of the affidavit filed, that they disclose a defence which is prima facie sustainable and on such terms as to security, framing and recording of issues, or otherwise as the court thinks fit" ;
(2) by the repeal of subsection (3) of that section and the substitution therefor of the following subsection ;"
" (3) Where the defendant either falls to appear and show cause or having appeared, his application to show cause is refused, the court shall make the decree nisi absolute. For this 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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