Recovery of Possession of Premises Given on Lease Act 2023 · As enacted · Part III · Defendant to Make an Application to Appear and Show Cause
16. Order making a decree nisi absolute on default not appealable, but may be set aside
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
An appeal by a defendant shall not lie against the decree nisi which has been made absolute due to the defendant’s failure to make an application in terms of paragraph (a) of section 15, but it shall be competent for
Court, within a period not later than one year after the decree absolute was entered, to entertain an application by the defendant by way of petition and affidavit filed against such decree absolute, to have it set aside on the ground that-
the defendant was prevented from appearing in
Court after the decree nisi was served on him by reason of accident or misfortune or an act of God; or
such decree nisi was not served on the defendant.
In addition to the grounds referred to in subsection (1), the defendant shall also plead in the petition and affidavit, the grounds for leave to appear and show cause against the decree absolute. The petition and affidavit shall deal specifically with the plaintiff’s case and state clearly and concisely what the defence to the plaintiff’s case is and what facts are relied upon to support it.
On filing the petition and affidavit by the defendant in terms of subsections (1) and (2), if the Court, after giving the parties an opportunity of being heard, is satisfied that-
the failure on the part of the defendant to make an application under paragraph (a) of section 15 was due to any ground specified in subsection (1); and
the defendant has disclosed a defence which is prima facie sustainable, the Court may set aside the decree absolute subject to security that shall be furnished under section 13 and shall proceed to determine the matter in accordance with the provisions of this Act, if such security is deposited within the period specified under section 14.
If the defendant fails to furnish the security referred to in subsection (3) within the time period specified for such purpose, the Court shall then make an order making the decree nisi absolute.
Where the defendant fails to satisfy the Court as provided for in paragraphs (a) and (b) of subsection (3), the
Court shall dismiss the application of the defendant, with costs.
12 Recovery of Possession of Premises Given on Lease
Act, No. 1 of 2023
Part IV
Procedure After Granting Leave to Appear and Show Cause
Part V
Procedure After Making the Decree Nisi Absolute
Part VI
Appeals
Part VII
Miscellaneous Provisions
Part VIII