Sri Lanka Consolidated Acts

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Primary Courts' Procedure Act (No. 44 of 1979) - Sect 7

Where case is beyond jurisdiction duty to refer party to competent court

7.
(1) Where it appears in the course of any prosecution, civil action or proceeding before a Primary Court that such prosecution, action or proceeding is not within its jurisdiction, it shall be the duty of such Primary Court to stop the proceedings and to refer the party by whom the prosecution, action or proceeding was instituted to the competent court.
(2) Where a Primary Court stops the proceedings in any prosecution, civil action or proceeding and refers the party by whom the prosecution, civil action or proceeding was Instituted to the competent court under subsection (1), that prosecution, civil action or proceeding shall not operate as a bar to the institution of a prosecution, civil action or proceeding in the competent court in respect of the same offence or matter.


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