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Contents

Part II · Service of Decree Nisi

9. Service of decree nisi by a process officer

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

(1)

The Court may, on application being made in that behalf immediately after the decree nisi is entered under section 5, and at its discretion, order that in addition to serving the decree nisi by registered post, the decree nisi may also be served by tendering or delivering the same on the defendant personally through a process officer.

(2)

In the case where such decree nisi is ordered to be served through a process officer under subsection (1), the

Registrar of the Court shall authorize the process officer to serve the decree nisi on the defendant within ten days from the receipt by such process officer of the decree nisi along with the precept in the form specified in the Second Schedule.

(3)

The decree nisi may be served in any part of Sri Lanka.

Where a decree nisi ordered to be served personally through a process officer is required to be served outside the local limits of the jurisdiction of the Court issuing the same, the decree nisi shall be forwarded by such Court to the court within whose jurisdiction the defendant is believed to be residing forthwith, and it shall be the duty of the last-mentioned court to cause the decree nisi to be duly served on the defendant in accordance with the provisions of this

Act.

(4)

Where a decree nisi is required to be served outside the local limits of the jurisdiction of the Court issuing the same, the Court may, at its discretion or on application made by the plaintiff, for reasons to be recorded and upon such terms as to costs, authorize the process officer of that Court to serve the decree nisi outside the local limits of the jurisdiction of that Court and to function as a special process server.

(5)

It shall be the duty of the process officer to endeavour to obtain the signature or the thumb impression or both of the defendant or any other person on his behalf, on the original precept in acknowledgment of the service of the decree nisi. The process officer shall return the precept to the

Court together with the report informing the Court the manner of service of the decree nisi as set out in the form specified in the Second Schedule referred to in subsection (2).

(6)

If the service cannot be effected as referred to in subsection (1) by the exercise of due diligence, the process officer is authorized to affix the decree nisi in some conspicuous part of the premises without any further direction of the Court and report such service to the Court.

The decree nisi served in the aforesaid manner shall be deemed to have been duly served on the defendant personally.

Part III

Defendant to Make an Application to Appear and Show Cause

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

General Provisions

Schedules