Civil Procedure Code (Amendment) Act 2023

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

s 1Short title

This Act may be cited as the Civil Procedure Code

(Amendment) Act, No. 7 of 2023.

s 2Insertion of new section 431A in Chapter 101

The following new section is hereby inserted immediately after section 431 of the Civil Procedure Code

(Chapter 101), and shall have effect as section 431A of that

Code:–

“D. - COMMISSIONS FOR MEDICAL

EXAMINATIONS

431A. (1) (a) Where the action is one for damages for injury to person, the court shall, on application made by any party and subject to such terms and conditions as it may determine, order the injured person to submit himself to medical examination by one or more but not exceeding three medical practitioners, nominated by the court.

(b)

Upon such examination, the report shall be submitted to court on or before such date as may be specified. The court shall forthwith cause a copy of each such report to be served on each of the parties.

(2)

It shall be lawful for any party to an action to have one or more medical practitioners of such party’s choice to be present at such examination as an observer or observers.

(3)

Where the injured person fails or refuses to comply with an order of court made under

Commissions for medical examinations subsection (1), the court shall be entitled to draw all such inferences against such person as in all the circumstances of the case can properly be drawn by reason of such failure or refusal.

(4)

Such report or reports may, without further proof be used as evidence of the facts stated therein at the trial:

Provided that, the court shall, on application made by any party to the action and upon such terms as to costs or otherwise as it may determine, order that the medical practitioner be summoned and examined orally on any matter arising from or in connection with the report or any statement of fact therein or any relevant fact which is alleged by any party to have been omitted therefrom.

(5)

Every court shall, from time to time, prepare a list of medical practitioners residing in or engaged in the practice within the jurisdiction of such court, to whom an order may be made under subsection (1)(a) for a medical examination:

Provided however, the court shall, prior to the inclusion of the name of any medical practitioner in such list, make such inquiries as may be necessary to ascertain the regular availability of such medical practitioner to undertake such medical examination.

(6)

For the purpose of this section, “medical practitioner” means a medical practitioner registered with the Sri Lanka Medical Council established under the Medical Ordinance

(Chapter 105).”.

s 3Sinhala text to prevail in case of inconsistency

In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.