65.
| (1) If any occupier upon whom an order nisi is served under this Part appears before the court on the date specified in the order and, by affidavit or by statement on oath or affirmation, raises any defence, which in the opinion of the court necessitates an adjournment of the hearing, the court shall immediately settle and record the issue or issues raised and shall, having regard to the circumstances of the case, appoint as early as possible for the hearing of evidence ; and in such case the Registrar of the court shall thereupon issue a summons to every such witness as may be required by the parties commanding his attendance at the time and place specified in the summons. |
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| (2) Where any date is appointed under subsection for the hearing of any case, the hearing shall not again be adjourned for any later date
| | (a) unless all the parties to the case consent to adjournment; or such adornment; or | | |
| | (b) unless the court is satisfied, upon evidence furnished on oath or affirmation or by affidavit, that such adjournment is necessary by reason of the absence, otherwise than by collusion, of a witness who knows and is able to prove facts material to the case. | | |
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| (3) On the date appointed under subsection (1) for the hearing of the case or on such other date, if any, to which such hearing may be adjourned under subsection (2), the court shall hear and determine the issues raised and give judgment thereon, notwithstanding anything to the contrary in any written law. |
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Sri Lanka Consolidated Acts