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srilawsby aturio
As enacted
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Part II · Recognition, Registration and Enforcement of Foreign Judgments

11. Setting aside of a registered judgment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

(1)

The registering court shall, at any time after registration of a foreign judgment, upon application in that behalf duly made by the judgment-debtor or any party whose rights, interests, benefits, title, status or entitlements have been adversely affected, or on its own motion, set aside the registration of the judgment, if the registering court is satisfied that –

(a)

the judgment was registered in contravention of the provisions of subsection (1) of section 5;

(b)

notice or sufficient notice has not been given to the judgment-debtor in accordance with the law of the country of the original court to enable him to defend the proceedings;

(c)

the registered judgment was obtained by fraud;

(d)

the person by whom the application for recognition, registration and enforcement of the judgment was made, has not derived any right, interest, benefit, title, status or entitlement under the judgment of the original court; or

Reciprocal Recognition, Registration and

Enforcement of Foreign Judgments

(e)

the judgment has been reversed or set aside in appeal by the original court or a higher court of the country of the original court in terms of the law of the country of the original court.

(2)

Notwithstanding anything to the contrary in any other provisions of this Act, the registering court may, if it considers appropriate, allow the parties to lead evidence in respect of an application to set aside the registration of a judgment under this Act.

(3)

The provisions of section 389 of the Civil Procedure

Code shall, mutatis mutandis, apply in respect of an application to set aside the registration of a judgment under this Act.

(4)

The setting aside of the registration of a judgment under this section shall not prevent a fresh application for registration of a judgment being filed in compliance with the provisions of this Act.

Read on from s 12

Part III

General Provisions

Read on from Part III