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As enacted
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Part III · General Provisions

23. Interpretation

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

In this Act, unless the context otherwise requires –

“applicant” for the purposes of this Act, includes a judgment-creditor or any person who has derived any right, interest, benefit, title, status or entitlement under the judgment of the original court, as at the date of the judgment or thereafter;

“Civil Procedure Code” means the Civil Procedure

Code (Chapter 101);

“country of the original court” means the country in which the original court is situated;

“dissolution or annulment of a marriage or separation of the parties to a marriage” means any divorce, annulment of a marriage or judicial separation of the parties to a marriage obtained by means of proceedings in a competent court of law of a country specified by the Minister under section 2 of this Act;

“domiciled in a country” means domiciled in terms of the law of that country;

“judgment” means a judgment, decree or order given or made by a competent court of a foreign country which has been specified by the

Reciprocal Recognition, Registration and

Enforcement of Foreign Judgments

Minister by Order published in the Gazette in terms of section 2 of this Act, but does not include a judgment, decree or order given or made-

(a)

against any foreign country specified in an Order made under section 2;

(b)

in relation to property settlement in any matrimonial matter;

(c)

in proceedings relating to insolvency;

(d)

in proceedings relating to winding-up of companies;

(e)

in proceedings relating to unsoundness of mind;

(f)

in proceedings relating to guardianship, custody or maintenance of a minor, or curatorship of the estate of a minor; or

(g)

in proceedings relating to guardianship and management of the estate of a person of unsound mind;

“judgment-creditor” means the person in whose favour the judgment was given and includes any person who has derived any right, interest, benefit, title, status or entitlement under the judgment sought to be registered in Sri Lanka;

17

Reciprocal Recognition, Registration and

Enforcement of Foreign Judgments

“judgment-debtor” means the person against whom the judgment was given and includes any person against whom the judgment is enforceable;

“Minister” means the Minister assigned the subject of Justice in terms of Article 44 or 45 of the

Constitution;

“original court” in relation to any judgment, means the court by which the judgment was given or a higher court which has affirmed or entered a judgment in the exercise of appellate jurisdiction;

“prescribed” means prescribed by rules made under this Act; and

“registering court”-

(a)

in relation to a judgment other than a judgment for the dissolution or annulment of a marriage or separation of the parties to a marriage, means the

District Court of Colombo or any other court as may be specified by the Minister by Order published in the Gazette; and

(b)

in relation to a judgment for the dissolution or annulment of a marriage or separation of the parties to a marriage, means the

District Court of Colombo or the

District Court within the local limits of whose jurisdiction any party to such judgment resides.

Reciprocal Recognition, Registration and

Enforcement of Foreign Judgments

Read on from s 24