7. The following section is hereby inserted immediately after section 6 of the principal enactment and shall have new section effect as section 6A of that enactment : "
| 6A.
| | (1) No appeal by a defendant shall lie against the decree nisi which has been made absolute under subsection (3) of section 6, on the ground of the defendants non appearance, but it shall be competent to the court within a reasonable time after the decree absolute was entered, to entertain an application by way of summary procedure instituted by any defendant against such order absolute was entered, to have it set aside on the ground that, the applicant was prevented from appearing the decree nisi was served on him by reason of accident or misfortune, or that such decree nisi was not served on him. | | |
| | (2) Where the ground on which an application is made under subsection (1) is duly established to the satisfaction, of as against the plaintiff, the court may set aside the decree absolute upon such terms and conditions as the court shall consider it just and right to Impose upon the applicant and upon the decree absolute being so set aside, the court shall proceed with the hearing and determination of the matter in accordance with the provisions of this Act. | | |
| | (3) Where an application by way of summary procedure is instituted by any defendant under subsection (1) of this section the provisions of the Civil Procedure Code (Chapter 101) relating to the applications by way of summary procedure shall apply in respect of such application.". | | |
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Sri Lanka Consolidated Acts