Sri Lanka Consolidated Acts Sri Lanka Consolidated ActsClaim in reconvention
| 51. Where in any proceeding before any Primary 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 so far as relates to the demand of the plaintiff and the defence thereto, but any relief exceeding that which the court has jurisdiction to grant shall not be given to the defendant upon any such claim in reconvention : Provided always that in such case it shall be lawful for the Court of Appeal or any Judge thereof, if it shall be thought fit, on the application of any party to the proceeding, to direct that the action be transferred from the court in which it shall have been instituted to the District Court having jurisdiction over the whole matter in controversy; and in such case the Judge of the Primary Court shall transmit the record to the District Court specified in the order and the proceeding shall be continued and prosecuted in the District Court as if it had been originally commenced therein. |