6.
| (1) Where the Central Authority receives from the appropriate authority of a specified country a request for assistance in the service of summons or other document on any person residing in Sri Lanka, the Central Authority may, subject to section 13, send such summons or document to the District Court within the jurisdiction of which such person is residing. |
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| (2) Where the appropriate authority has, in his request to the Central Authority, specified the mode of service, the Judge of the District Court to which such summons or document has been sent under subsection (1), shall cause such summons or document to be served, wherever practicable, in accordance with the mode specified in such request, unless such mode is inconsistent with the law of Sri Lanka. Where the mode of service specified in the request is inconsistent with the law of Sri Lanka, the Judge shall cause such summons or document to be served in accordance with the law of Sri Lanka. |
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| (3) Where such summons or document is served on the person to whom the request relates, the judge shall transmit to the Central Authority a certificate substantially in Form B of the Schedule to this Act. setting out the mode, place and date of service and the person on whom the summons or document was served and shall, where available attach thereto, an acknowledgement signed by the person on whom it was served. |
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| (4) If such summons or document cannot be duly served on the person to whom the request relates, the Judge of the District Court to which such summons or document was sent under subsection (1) shall, subject to subsection (5). return such summons or document to the Central Authority with a statement giving such information as the Court possesses as to the whereabouts of such person and unless the Central Authority is satisfied that such person is not residing in Sri Lanka, he shall deal with such summons or document under subsection (1). Where the Central Authority is satisfied that such person is not residing in Sri Lanka, he shall return such summons or document to the appropriate authority in the specified country making the request together with a certificate substantially in Form B of the Schedule to this Act. setting out the reasons preventing service of such summons or document. |
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| (5) If the Judge of the District Court to whom the summons or document is sent under subsection (1). is satisfied that such person is residing within the jurisdiction of another District Court in Sri Lanka, he shall send such summons or document to the Judge of that other Court and shall inform the Central Authority that he has done so. |
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| (6) The Judge of the District Court to which the summons or document is sent under subsection (5) shall proceed as it had been sent to such court under subsection (1). The Judge shall after it has been served on the person to whom the request relates, transmit to the Central Authority a certificate substantially in Form B of the Schedule to this Act, setting out the mode, date and place of service and the person on whom the summons or document was served and shall, where available, attach thereto, an acknowledgement signed by the person on whom it was served. |
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| (7) The Central Authority shall on receipt of a certificate under subsection (3) or subsection (6), countersign the certificate and shall transmit the same to the appropriate authority of the specified country making the request. |
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Sri Lanka Consolidated Acts