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Part V · Procedure After Making the Decree Nisi Absolute

22. Decree absolute deemed to be a writ of execution

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

(1)

Subject to an order of the Court, where a decree nisi entered in an action instituted under this Act is made absolute, it shall be deemed to be a writ of execution duly issued to the Fiscal in terms of subsection (3) of section 225

and section 323 of the Civil Procedure Code, and the same shall be executed fourteen days after the date of order making the decree absolute, without any further notice to the defendant.

(2)

Notwithstanding anything to the contrary in any other written law, the execution of the decree nisi made absolute shall not be stayed except as provided for in subsection (4)

of this section and subsection (2) of section 20.

(3)

The writ of execution referred to in subsection (1)

shall be valid for a period of not more than one year from the date on which the decree nisi was made absolute, and it shall be the duty of the Fiscal to execute the same in the manner specified in the Civil Procedure Code for the execution of writs.

(4)

Notwithstanding anything to the contrary in any other written law, preferring an appeal or an application for revision or an application for restitutio in integrum by the defendant, in respect of a decree nisi made absolute, shall not be a ground to stay the proceedings unless the Appeal

Court makes an order expressly staying such proceedings.

(5)

Before the Appeal Court makes an order expressly staying the execution in pursuance of an appeal or an application made by the defendant, it shall call upon the defendant to furnish a security in cash for the satisfaction of the entire monetary claim of the plaintiff under section 13

inclusive of liquidated damages or such part thereof as the

Appeal Court may deem fit, having considered all the circumstances of the case, in the event the main appeal or application is dismissed:

Provided that no such stay order shall be issued unless sufficient notice has been given to the plaintiff or his registered attorney.

Read on from s 23

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