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Part IV · Procedure After Granting Leave to Appear and Show Cause

17. Procedure where leave to appear and show cause is granted

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

(1)

Where the Court-

(a)

grants leave to appear and show cause against a decree nisi to the defendant under subsection (3) of section 12 and the security ordered is deposited within the specified period; or

(b)

setting aside the decree absolute, grants leave to appear and show cause to the defendant under subsection (3) of section 16 and the security ordered to be furnished is deposited within the specified period, the provisions of sections 384, 385, 386 and 387 of the

Civil Procedure Code shall, mutatis mutandis, apply in respect of the proceedings before the Court.

(2)

For the purpose of section 384 of the Civil Procedure

Code, the application filed by the defendant for leave to appear and show cause shall be deemed to be the objection of the defendant and the affidavit filed by the defendant in support of such application shall be deemed to be the affidavit of the defendant.

(3)

The Court shall pronounce the final order in the matter of the plaint, either discharging the decree nisi or making the decree nisi absolute within one year from the date of granting leave to appear and show cause.

(4)

The final order so pronounced shall be endorsed on the decree nisi either with the words “Decree nisi discharged.”

or “Decree nisi made absolute.” or words to the like effect and such endorsement shall be dated and signed by the Judge of the Court:

Provided that a decree nisi, if it consists of separable parts, may be discharged in part and made absolute in part, and anything herein enacted shall not prevent any order being made by consent of the plaintiff and the defendant on the footing of the decree nisi.

Read on from s 18

Part V

Procedure After Making the Decree Nisi Absolute

Read on from Part V

Part VI

Appeals

Read on from Part VI

Part VII

Miscellaneous Provisions

Read on from Part VII

Part VIII

General Provisions

Read on from Part VIII

Schedules