53.
| (1) If upon the day specified in the summons for the appearance of the defendant or upon any day fixed for the hearing of the action the plaintiff shall not appear or sufficiently excuse his absence, the plaintiff's action may be dismissed. Provided that if the defendant appears and when called upon under section 43 shall admit the claim of the plain- tiff, the Judge of the Primary Court shall enter judgment for the plaintiff according to law. |
|
| (2) If upon the day specified in the summons or upon any day fixed for the hearing of the action the defendant shall not appear or sufficiently excuse his absence, while the plaintiff appears the Judge of the Primary Courts upon due proof of service of the summons, notice, or order requiring such appearance, may enter judgment by default against the defendant. |
|
| (3) If the defendant shall within a reasonable time, after such judgment, by affidavit or otherwise, with notice to the plaintiff satisfy the Judge of the Primary Court that he was prevented from appearing in due time by accident misfortune, or other unavoidable cause, or by not haring; received sufficient information of the proceedings, and that; he did not absent himself for the purpose of avoiding ser vice of the summons or notice, and that he has a good and valid defence on the merits of the case, then the Judge may set aside such judgment and any proceedings had thereon, and may admit the defendant to proceed with his defence upon such terms as the Judge may think fit. |
|
|
Sri Lanka Consolidated Acts