As enacted

Contents

14. Insertion of new Chapter VA in the principal enactment

Official English translation. The Sinhala text prevails. Open the official Sinhala text, official PDF on documents.gov.lk

The following new Chapter is hereby inserted immediately after Chapter V of the principal enactment and shall have effect as Chapter VA of that enactment: -

“CHAPTER VA

SMALL CLAIMS COURTS

29A. (1) Every Small Claims Court shall be a court of record and shall have exclusive original civil jurisdiction and shall have cognizance of and full power to hear and determine all actions specified in the Seventh

Schedule hereto:

Provided however, a Small Claims Court shall have no jurisdiction or power to hear and determine any action filed under the provisions of Chapter LIII of the Civil Procedure Code

(Chapter 101) or action for the recovery of money to which special provisions are made under any other written law.

(2)

All actions specified in the Seventh

Schedule shall not exceed a sum of rupees one million and five hundred thousand excluding interest, or such other amount as may be fixed by the Minister from time to time, by an Order published in the Gazette.

(3)

An Order made under subsection (2) shall not have effect, until it is approved by

Parliament and notification of such approval is published in the Gazette.

Jurisdiction of Small

Claims

Courts

29B.

Courts

The proceedings before any Small

Claims Court may be taken by the special procedure for Small Claims Court as provided in the Small Claims Courts’ Procedure Act,

No. 33 of 2022 and any other written law.

29C.

Order

It shall be lawful for the Judge of every Small Claims Court, in pronouncing his order or judgment in any case, to make such order in respect of the payment of costs and expenses as to him shall appear just and reasonable.

29D.

Appeals

(1)

Any person who is dissatisfied with any judgment pronounced by any Small

Claims Court in any action, proceeding or matter to which he is a party, may, except where such right is expressly disallowed, prefer an appeal therefrom to the High Court for the

Province established by Article 154P of the

Constitution in which such Small Claims Court is situated for any error in law or in fact.

(2)

Any person who is dissatisfied with any order made by any Small Claims Court in the course of any action, proceeding, or matter to which he is or seeks to be a party, may prefer an appeal to the High Court for the Province established by Article 154P of the Constitution in which such Small Claims Court is situated against such order for the correction of any error in law or in fact, with the leave of such

High Court first had and obtained.

(3)

Any person who is dissatisfied with any order made by any Small Claims Court setting

Procedure before the

Small Claims respecting payment of costs and expenses aside or refusing to set aside the judgment entered upon default in the course of any action, proceeding or matter to which he is, or seeks to be a party, may prefer an appeal to the

High Court for the Province established by

Article 154P of the Constitution in which such

Small Claims Court is situated, for the correction of any error of law or fact, with the leave of such High Court first had and obtained.

(4)

The provisions of Chapters LVIII, LIX,

LX and LXI of the Civil Procedure Code

(Chapter 101) with reference to appeal and the stay of execution pending appeal, shall apply so far as they are not inconsistent with the provisions of this Chapter.

(5)

The Judge of every Small Claims Court shall conform to and execute all such judgments, orders, and decrees of the Supreme

Court, Court of Appeal or High Court for the

Province established by Article 154P of the

Constitution as shall be made and pronounced in any appeal, in like manner as any original judgment or order pronounced by the said

Judge could or might have been executed.

29E. It shall be the duty of the Judge of the

Small Claims Court by all lawful means to make every effort to induce the parties, before or during the trial, to arrive at a settlement where appropriate and if the parties agree to a settlement, the settlement shall be recorded and signed by the parties and a judgment made in accordance with the terms as settled.”.

Read on from s 15