Civil Procedure Code (Amendment) Act 2023 · As enacted
19. Replacement of Chapter XVIIA of the principal enactment
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Department of Government Printing, unchanged
Chapter XVIIA (sections 142A, 142B, 142C, 142D, 142E,
142F, 142G, 142H and 142I) of the principal enactment is hereby repealed and the following Chapter is substituted therefor: -
“CHAPTER XVIIA
PRE-TRIAL CONFERENCE AND PRE-TRIAL ORDERS
142A. (1) The court shall conduct a pre-trial conference with the Attorneys-at-law representing the parties and the parties not so represented, for the following purposes :-
to facilitate a settlement between the parties as specified in subsection (2), ensuring that the matters not so settled shall only be fixed for trial;
to expedite the disposition of the action through judicial case management;
improving the quality of the trial through prior preparation and case management orders so that the action will not be protracted due to lack of trial management;
to identify the key issues at an early stage, in order to discourage unnecessary pre-trial applications;
to facilitate the discovery of evidence;
Pre-trial conference
to identify the witnesses and documents and avoid unnecessary production of evidence at the trial;
and
to fix strict time limits for pre-trial orders and enforcement thereof.
(a) The Judge shall, at the pre-trial conference, make every effort to persuade the parties to arrive at a settlement of the dispute and where the parties agree for a settlement, such settlement shall be recorded and signed by the parties and an order shall be made in accordance with the terms of such settlement.
The Judge in an appropriate case, may direct the parties to appear either in person or in the case of a party being a legal person, an authorized representative thereof to be present at the pre-trial conference in order to facilitate a settlement, adjustment, compromise or other agreements.
The judge at the pre-trial conference may determine unresolved jurisdictional and legal issues.
142B.
Pre-trial orders
Subject to the provisions of section 104A, the Judge shall, at the pre-trial conference, discuss with the parties, and make appropriate pre-trial orders on the following matters: -
identifying and obtaining admissions of facts or documents;
identifying the number of witnesses to be called at the trial based on the relevancy and admissibility to the case and dispensing with calling of unnecessary witnesses;
identifying the documents to be produced at the trial based on the relevancy, admissibility, to the case and authenticity of documents and in appropriate instances dispense with proof of such documents;
with regard to the discovery, inspection, protection, preservation and production of documents and tangible things including specification of terms, time, place, manner and form in which such documents and tangible things to be discovered, protected, preserved and produced in court and authentication of documents and signatures;
the protection of trade secrets, other confidential research information and undisclosed commercial information subject to privileges and limitations;
issuing of certified copies of documents in the custody of any public office, public corporation, provincial council, local authority, bank, body incorporate or unincorporate, partnership, hospital, medical institute, court, tribunal or any such similar institution:
Provided that, the provisions of this paragraph shall not prejudice the right of the State to withhold any document on the ground that in the opinion of the Minister assigned in terms of Article 44 or 45 of the
Constitution the subject to which the document relates, the public interest would suffer by such disclosure;
upon the agreement of the parties, issuing of commissions to a single, joint or court appointed independent experts to inquire and report on any question of fact and express an opinion thereof:
Provided that, any application for the issue of a commission for local investigation as referred to in
Chapter XXIX shall be made prior to the day first fixed for the pre-trial conference:
Provided further, that the court may, in its discretion, issue a commission for such local investigation after the day first fixed for pre-trial conference if it is satisfied, for reasons to be recorded and subject to terms as to costs or otherwise, that a commission is necessary for the determination of the matters in dispute or settlement of the dispute between the parties;
recording of any agreement of parties with regard to any matter, including any issues of facts or law, mode of proof of any fact or document or the number of witnesses to be called or number of documents to be produced at the trial, and entering of orders or judgment in accordance with such agreement of parties:
Provided that, the court shall read out and explain the effect of such agreement to the parties concerned and record the fact that the parties understand the contents of such agreement and the effect thereof and the parties shall sign the agreement or the case record where such agreement is recorded orally in open court;
consolidating two or more actions, subject to the provisions of section 149A;
withdrawal of actions;
the use of technology or employing a special interpreter at the trial;
identifying the number of trial dates or period within which a trial may be concluded and how the time available for the trial will be used;
or
any other step as may be necessary or desirable for the just and expeditious disposal of the action.
142C.
Parties to be ready with original documents
The parties or their registered attorneys shall, at the pre-trial conference, bring with them and have in readiness at the pre-trial conference, original or certified copies of all documents specified in the list of documents and tendered to the registry of the court under section 79B.
142D.
court to call additional witnesses and additional documents identified or discovered at pre-trial conference
The court shall, at the pre-trial conference, on application of any party, grant permission to such party, to call any witness or produce any document at the trial, if such witness or document is identified at such conference to be relevant to the matters in dispute, notwithstanding such witness or document not being included in the list of witnesses or documents filed under paragraph (b) of section 79B:
Provided that, the pre-trial Judge may award costs against the party seeking to tender documents or summon witnesses which had not been included in the list filed under paragraph (b) of section 79B unless such party can adduce sufficient reasons for the failure to include such documents or witnesses in the said list.
Permission of
The court may, at its discretion, grant permission at the pre-trial conference, to any party to produce any document at the trial and call any witness in proof thereof, if such document is discovered under Chapter XVI relevant to the matters in dispute.
Where the court grants permission to call any additional witness or document under subsection (1) or (2), the court shall, at the pre-trial conference, record the fact that such party is entitled to call such witness or produce such document at the trial and no further list of witnesses or documents is required to be filed thereafter.
142E.
not to be allowed after fixing the date of trial
Subject to the provisions of this Act, any application for pre-trial steps shall not be allowed after the conclusion of the pre-trial conference of an action unless the court is satisfied for reasons to be recorded and subject to costs that a grave and irremediable injustice would be caused if such steps are not permitted and the party applying for such steps is not guilty of laches.
142F.
of issues
Where the judge is satisfied that all the pre-trial steps have been taken, the Judge shall determine the issues, taking into consideration the pleadings, proposed admissions and issues of the parties, interrogatories, documents, agreement of the parties and reports if any, submitted to court during the pre-trial conference.
Pre-trial steps
Determination
Where issues both of law and facts arise in the same action, and the court is of the opinion that the case may be disposed of on the issues of law only, the court shall try such issues first and for that purpose the court may, if it thinks fit, postpone the settlement of the issues of fact until after the issues of law have been determined.
142G.
or
The Judge conducting the pre-trial conference may, either on his own motion or on the application of any party and for sufficient cause shown, advance or postpone the date fixed for the pre-trial conference:
of pre-trial
Provided that, the Judge conducting the pre-trial conference shall conclude the hearing within four months from the commencement of such conference, unless the Judge is prevented from acting accordingly for reasons which shall be recorded, including delays in adducing evidence or discoveries.
142H.
Default of parties
Where any party-
fails to diligently take steps according to the provisions of
Chapters XB and this Chapter or diligently prosecute or defend the case during the pre-trial conference or fails to comply with any pre-trial order without any reasonable ground; or
fails to appear without sufficient cause on the day fixed for the pre-trial conference or on any other day to which it is adjourned,
Advancement postponement the Judge conducting the pre-trial conference may, taking into consideration all appropriate circumstances -
subject to the payment of costs or pre-payment of costs, make such appropriate order as he may think fit, including, directing such party to comply with the requirement which was not complied with, unless such non-compliance was substantially justified;
continue further proceedings notwithstanding such default was made by any party who has obtained any pre-trial order, disregarding any such pre-trial order and upon such terms as to costs being awarded against such defaulting party; or
proceed to dispose of the action in one of the methods specified in
Chapter XII:
Provided that, the Judge shall make every endeavor to make orders in terms of paragraph (i) or (ii), prior to an order being made under paragraph (iii), unless a party is absent and unrepresented at the pre-trial conference.”.