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As enacted
Contents

Section 25

Official English translation. The Sinhala text prevails.

The principal enactment is hereby amended by the insertion immediately after the Second Schedule thereof, of the following new Schedules: -

“THIRD SCHEDULE

Enactments

(1)

Adoption of Children Ordinance (Chapter 61)

(2)

Births and Deaths Registration Act (Chapter 110)

(3)

Civil Procedure Code (Chapter 101)

(4)

Jaffna Matrimonial Rights and Inheritance Ordinance

(Chapter 58)

(5)

Legitimacy Act, No. 3 of 1970

(6)

Marriage Registration Ordinance (Chapter 112)

(7)

Married Women’s Property Ordinance (Chapter 56)

(8)

Matrimonial Rights and Inheritance Ordinance (Chapter 57)

FOURTH SCHEDULE

Actions excluded from the jurisdiction of Primary Courts

(1)

Any action concerning an act or order purporting to be done or made by the State or concerning an act purporting to be done by any person by order of the State.

(2)

Any action concerning an act purporting to be done by any person in pursuance of a judgement or order of a court or of a judicial officer acting in the execution of his office.

(3)

Any action concerning any act or order purporting to be done or made by any officer of the State in his official capacity.

(4)

Any action for the partition or sale of immovable property under the law relating to partition for the time being in force.

Addition of the

Third and

Fourth

Schedules to the principal enactment

[Section 32(2)]

[Section 24(2)]

(5)

Any action by a mortgagee of immovable property for the enforcement of the mortgage or for the sale of the property, or by a mortgagor of immovable property for the redemption of the mortgage.

(6)

Any action to restrain waste.

(7)

Any action to recover from a person to whom compensation has been paid under the Land Acquisition Act (Chapter

460) or Land Reform Law No. 1 of 1972, the whole or any part of the compensation.

(8)

Any action for the specific performance or rescission of a contract or for damages for breach of contract.

(9)

Any action for the rectification or cancellation of an injunction.

(10)

Any action to obtain an injunction.

(11)

Any action relating to a trust including an action to make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust, and any action by a co-trustee to enforce against the estate of a deceased trustee a claim for the contribution.

(12)

Any action for a declaratory decree including a decree for the declaration of title to land.

(13)

Any action for a property which the plaintiff has conveyed while insane or under other incapacity.

(14)

Any action to contest an award made by an arbitrator.

(15)

Any action upon a foreign judgement as defined in the Civil

Procedure Code (Chapter 101) or upon a judgement obtained in any court in Sri Lanka.

(16)

Any action to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets.

(17)

Any action for a legacy or for the whole or a share of a residue bequeathed by a testator or for the whole or a share of the property of an intestate.

(18)

Any action-

(a)

for a dissolution of partnership or for the winding up of the business of a partnership after its dissolution;

(b)

for an account of partnership transactions; or

(c)

for a balance of partnership-account.

(19)

Any action for an account of property administered under decree or order of any court.

(20)

Any other action for an account, including an action by a mortgagor, after the mortgage has been satisfied, to recover surplus collection received by the mortgagee, and any action for the profits on immovable property belonging to the plaintiff which has been wrongfully received by the defendant.

(21)

Any action for a general average loss or for salvage.

(22)

Any action for compensation in respect of collision between ships.

(23)

Any action on a policy of insurance or for the recovery of any premium paid under any such policy.

(24)

Any action for compensation or damages -

(a)

for loss resulting from the death of a person caused by actionable wrong;

(b)

for wrongful arrest;

(c)

for malicious prosecution;

(d)

for wrongful restraint or confinement;

(e)

for defamation;

(f)

for adultery or seduction;

(g)

for breach of contract of betrothal or promise of marriage;

(h)

for inducing a person to break a contract made with the plaintiff;

(i)

for obstruction to or interference with the enjoyment of any servitude or the exercise of any right over property.

(25)

Any action by a Muslim for the recovery of Mahr.

(26)

Any action for the custody of a minor.

(27)

Any action for a divorce or a judicial separation.

(28)

Any action relating to maintenance, affiliation or adoption.

(29)

Any action for contribution by a sharer in joint property in respect of a payment made by him of money due from a co-sharer.

(30)

Any action by one of several joint mortgagors of immovable property for contribution in respect of money paid by him for the redemption of the mortgaged property.

(31)

Any action against the State or a local authority to recover money paid under protest in satisfaction of a claim made on account of any tax or rate or other levy.

(32)

Any action under the Companies Act, No. 7 of 2007 as amended from time to time.

(33)

Any action relating to trade marks, patents or copyrights under the Intellectual Property Act, No. 36 of 2003.

(34)

Any action founded on nuisance.

(35)

Any action for rent and ejectment and proceedings under the Rent Act, No. 7 of 1972.

(36)

Any action expressly or by implication excluded from the jurisdiction of Primary Courts by any written law (other than this Act) for the time being in force.”.