13. Chapter V (including sections 24 and 29) of the principal enactment is hereby repealed and the following Chapter substituted therefor:
| 24.
| | (1) Every Small Claims Court shall be a court of record and shall have exclusive original jurisdiction and shall have cognisance of and full power to hear and determine all actions in which the debt, damage, or demand does not exceed such sum as may be specified by the Minister by an Order published in the Gazette and in which the party or parties defendant is or are resident within the jurisdiction of such court, or in which the cause of action has arisen within such jurisdiction and all proceedings under Chapter LXVIA of the Civil Procedure Code where the land or any part thereof is situate within the jurisdiction of such court, and all hypothecary action in which the amount claimed does not exceed such sum as may be specified in such order, and the land hypothecated, or any part thereof is situated within the jurisdiction of such court, and also all actions in which the title to, interest in, or right to the possession of any land is in dispute, and all actions for the partition or sale of land: Provided that the value of the land or the particular share, right, or interest in dispute or to be partitioned or sold does not exceed such, sum as may be specified in such Order and the same or any part thereof is situate within, the jurisdiction of such court, and shall exercise any other jurisdiction as may be vested in it by any other law: | | |
| | (2) An Order made under subsection (1) shall not have effect until it is approved by Parliament and notification of such approval, is published in the Gazette. | | |
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| 25. It shall be lawful for the judge of every such court, in pronouncing his judgment or order in any case, to make such order respecting the payment of costs and expenses as to him shall appear just and reasonable. |
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| 26. Any person who is dissatisfied with any final judgment of the Small Claims Court in any action, proceeding or matter or an order having the effect of a final judgment of such court may, (except where such right is expressly disallowed) appeal to the High Court established by Article 154P of the Constitution for the province in which such Small Claims Court is situated, against any such judgment or order, with, the leave of such Small Claims Court or where such leave is refused, with the leave of such High Court. The High Court may in the exercise of its appellate jurisdiction in respect of such judgments or orders, affirm, reverse, modify or correct any such order or judgment according to law or may give directions to the Small Claims Court from which the appeal has been preferred or order a new trial or further hearing, on such terms as such High Court shall think fit. |
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| 27. Where in any proceeding before any Small Claims Court any defence or claim in reconvention of the defendant involves matter beyond the jurisdiction of the Court, such defence or claim in reconvention shall not affect the competence or duty of the Court to dispose of the matter in controversy in so far as it relates to the demand of the plaintiff and the defence thereto and the claim in re-convention: |
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| 28. The Judge of every Small Claims Court shall conform to and execute all such judgments, orders, and decrees of the Supreme Court or Court of Appeal or High Court established by Article 154P of the Constitution as shall be made and pronounced in any appeal, in like manner as any original judgment or order pronounced by the said Judge could or might have been executed. |
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| 29. Where there is evidence that the value of any action filed in any Small Claims Court is over the monetary jurisdiction of that Court, the Judge shall make order accordingly and shall record such fact and thereupon the action shall stand removed to the appropriate District Court. |
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| 30. It shall be the duty of the Judge of the Small Claims Court by all lawful means to endeavor to bring the parties to an amicable settlement where appropriate and to remove, with their consent, the real cause of grievance it any, between them." |
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Sri Lanka Consolidated Acts