Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Primary Courts' Procedure Act (No. 44 of 1979) - Sect 5

Power of Court of Appeal to transfer case to District Court

5. Where it is made to appear to the Court of Appeal on an application by one of the parties or otherwise that any civil action or proceeding instituted in a Primary Court may owing to the circumstances or questions involved be more appropriately tried before the District Court having local jurisdiction, it shall be lawful for the Court of Appeal to call for and inspect the record or journal of such action or proceeding and to stay the proceedings in the Primary Court and to make order transferring such case to such District Court for hearing and determination. Upon such order being communicated to the Judge of the Primary Court in whose court the action or proceeding is pending he shall stop the further progress of the action or proceeding and transmit the record of that action or proceeding and all connected papers to the District Court specified in the order. Thereupon such District Court shall proceed to hear, try and determine such action or proceeding as if it were an action or proceeding instituted in that District Court and shall have and be vested with full power and jurisdiction so to do.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]