If neither party appears action to be dismissed. Plaintiff may be granted permission to institute a fresh action. No appeal from judgment by default. Sections 84 to 88 not to apply to courts of requests. Section 825 amended. The attendance of witnesses. Section 826 amended. The attendance of witnesses continued. Section 829 A inserted. Action by summary procedure on liquid claims. Saving clause. Extending provisions of 655 to section 705. Civil Procedure Code. sufficient information of the proceedings, and that he did not absent himself for the purpose of avoiding service of the summons or notice, and that he has a good and valid defence on the merits of the case, then the commissioner may set aside such judgment or order and any proceedings had thereon, and may admit the defendant to proceed with his defence upon such terms and notice to the plaintiff as the commissioner may think fit. (4) If upon the day specified in the summons or upon any day fixed for the hearing of the action neither party appears when the case is called on, the commissioner shall enter judgment dismissing the plaintiff's action, but without costs. (5) When an action has been dismissed under the provisions of sub-section 1 or sub-section 4 of this section, and the plaintiff has by affidavit or otherwise satisfied the commissioner that he was prevented from appearing by accident, misfortune, or other unavoidable cause, the commissioner may grant to the plaintiff permission to institute a fresh action upon payment into court of the amount (if any) due to the defendant as costs in the previous action. (6) No appeal shall lie against any judgment entered under this section for default of appearance, anything in "The Courts Ordinance, 1889," or in this Code contained to the contrary notwithstanding. (7) Sections 84 to 88, both inclusive, shall not apply to courts of requests. 9 For section 825 of "The Civil Procedure Code, 1889," the following section shall be substituted: The process of courts of requests for compelling the attendance of witnesses shall be by summons, with or without a clause requiring the production of documents in their possession or control; every such summons shall be substantially in the form given in schedule B hereto. 10 For section 826 of "The Civil Procedure Code, 1889," the following section shall be substituted: The provisions of chapter XVII. of this Ordinance, exclusive of section 121, shall apply to courts of requests. 11 After section 829 of "The Civil Procedure Code, 1889," the following section shall be inserted and numbered 829 a : (1) In any action where the claim is for a debt or liquidated demand in money arising upon a bill of exchange, promissory note, or cheque or instrument or contract in writing for a liquidated amount of money, or on a guarantee where the claim against the principal is in respect of such debt or liquidated demand, bill, note, or cheque, and the plaintiff desires to proceed by way of summary procedure, he may institute such action in manner provided in chapter LIII. of this Ordinance, and the provisions of that chapter, exclusive of section 710, shall, for the purposes of any such action. apply to courts of requests. (2) Except as provided in chapter LIII. of this Ordinance, the procedure in any such action shall be the same as the procedure in actions instituted under this chapter. (3) The provisions of section 655 in respect of the affidavit of the plaintiff required by sections 650 and 653 shall extend to affidavits required by section 705 in actions instituted under chapter LIII. of this Ordinance, in district courts and courts of requests. Civil Procedure Code. 12 For section 832 of "The Civil Procedure Code, 1889," the following section shall be substituted: (1) The provisions of chapter XXII. of this Ordinance shall apply to all executions from courts of requests, so far as they are not inconsistent with the provisions in this chapter contained. (2) Money which has been realized in execution of a decree shall be paid out to the decree-holder on his ex parte application, provided that no notice has been received by the court of any claim to such money by any other person or persons. 13 (1) After the coming into operation of this Ordinance there shall be no appeal from any final judgment, or any order having the effect of a final judgment, pronounced by the commissioner of any court of requests in any action for debt, damage, or demand, unless upon a matter of law, or upon the admission or rejection of evidence, or with the leave of the commissioner, anything in section 80 of “ The Courts Ordinance, 1889," notwithstanding. (2) In the event of the commissioner refusing to grant leave to appeal, it shall be lawful for the party aggrieved thereby, within seven days from the date of such refusal, to file in the court of requests a written application by petition to the Supreme Court for leave to appeal. Such application shall be forthwith forwarded by the commissioner to the Supreme Court, together with all papers and proceedings of the case, and a record of his grounds and reasons for refusing to grant leave to appeal, and shall be disposed of ex parte by a judge of the Supreme Court. If upon hearing the application the judge shall allow the appeal, he shall issue an order to the commissioner to admit a petition of appeal, upon such conditions and within such time as to the judge shall seem meet. (3) Such application shall be liable to the stamp duty payable or leviable in respect of petitions of appeal in courts of requests under the provisions of part II. of schedule B of "The Stamp Ordinance, 1890," but when an appeal is allowed upon such application no further stamp duty shall be payable or leviable in respect of such petition of appeal. (4) The stamp duty paid on the application for leave to appeal shall, for the purposes of taxation of costs, be treated as though it had been affixed to the petition of appeal. 14 For the "scale of costs and charges to be paid to proctors in the courts of requests as well between party and party as between proctor and client," contained in schedule III. of "The Civil Procedure Code, 1889," shall be substituted the scale given in schedule C hereto. Section 832 amended. Execution. Money realized in execution. Appeals. Schedule III. amended as to scale of costs in courts of requests. No. 2 of 1889 "The Civil Procedure The whole of sections 810 and No. 3 of 1890 "The Stamp Ordinance, In part II. of schedule B the 1890" words "a blank sheet of paper on which to write the pleading; and which paper shall bear," and the words "and any party failing to furnish such paper shall be taken to be in default" day of next, at 10 o'clock in the forenoon, to give evidence in the above case (and to bring with you the following documents, to wit, Dated this day of 18-. Chief Clerk. Civil Procedure Code. SCHEDULE C. Scale of Costs and Charges to be paid to Proctors in the ... ... ... In money cases which have not been contested : Rs. C. 5 0 10 0 15 0 20 0 10 0 15 O ... ... 20 0 10 0 20 0 30 0 ... 40 0 10 50 to 21 0 to 31 50 Surveys and plans when necessary, such sum as the commissioner shall deem reasonable, subject to appeal. Witnesses' expenses, as the commissioner may determine. For interpleader, summary, or other incidental proceedings, such costs as the commissioner in his discretion may allow, subject to appeal. 5th December, 1895. No. 5 of 1896. An Ordinance to enable one Judge of the Supreme Court to hear all pending Appeals from District Courts which W relate to matters not exceeding Three Hundred Rupees. HEREAS it is expedient to make provision for the more expeditious hearing of appeals pending in the Supreme Court from judgments of the several district courts of this Colony: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof as follows: 1 All appeals pending at the date of the passing of this Ordinance before the Supreme Court from judgments and orders of the several district courts of the Colony in actions in which the debt, damage, or demand shall not exceed three hundred rupees, and in actions in which the title to interest in or right to the possession of any land shall be in dispute, where the value of such land or the particular share, right, or interest in dispute does not exceed three hundred rupees, may be heard, and all powers given to the Supreme Court in respect of such appeals may be exercised by any one judge of the Supreme Court, anything in the provisions of section 41 of "The Courts Ordinance, 1889," to the contrary notwithstanding. 2 This Ordinance and "The Courts of Requests Amendment Ordinance, 1895," shall be read together as one Ordinance. 11th November, 1896. Preamble. Appeals from To be read as one with Ordinance No. 12 of 1895. Buddhist Temporalities. No. 3 of 1889. An Ordinance relating to Buddhist Temporalities (As amended by No. 17 of 1895.) HEREAS it is expedient to provide for the better regulation and management of the Buddhist Temporalities in this island: Be it therefore enacted by the Governor of Ceylon, by and with the advice and consent of the Legislative Council thereof, as follows: Preliminary. 1 This Ordinance may be cited for all purposes as "The Buddhist Temporalities Ordinance, 1889 ;" and it shall come into operation at such time as the Governor shall appoint, by Proclamation to be published in the Government Gazette, and only in such provinces, districts, and sub-districts as hereinafter provided. 2 In this Ordinance, unless the context otherwise requires“Temple” shall mean vihare and dewale, and shall include the Dalada Maligawa and such other places of Buddhist public worship as the Governor, with the advice of the Executive Council, on the application of the provincial committee, may from time to time define and proclaim. "Incumbent " shall mean the chief resident priest of a vihare. "Paraveni panguwa "shall mean an allotment of land held by one or more hereditary tenants subject to the performance of service or rendering of dues to a temple. "Maruwena panguwa" shall mean an allotment of land held by one or more tenants-at-will under a temple, and subject to the performance of service or rendering of dues to such temple. "Trustee" shall include the trustees, or a majority of trustees, elected in terms of section 17, and when more than one trustee is elected under that section the majority of trustees so elected may have and exercise all or any of the powers, and may perform all or any of the duties, vested in a trustee under this Ordinance. 3 The Governor may, with the advice of the Executive Council, upon the application of the provincial committee of the province in which any temple is situate, exempt such temple from the operation of this Ordinance by Proclamation in the Government Gazette, and with the like advice any such Proclamation revoke. * Proclaimed 15th November, 1889. |