Small Claims Courts’ Procedure Act 2022 · As enacted · Part IV · Trial
23. Trial
Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.
Official translationFrom Parliament of Sri Lanka, unchanged
On the date of the trial, the Small Claims Court shall record admissions between the parties. However, for the purposes of these proceedings, it is not imperative to record issues of parties and the Small Claims Court may proceed to hear and determine the dispute in accordance with the provisions of this Act:
Provided that, in the event the Small Claims Court is of the opinion that issues shall be recorded in view of special matters involved, the Small Claims Court may on its own motion proceed to record the said issues arising out of the pleadings, affidavits and documents, if any, and proceed to hear the action.
The affidavits filed by the parties with the pleadings and additional affidavits filed with the permission of the
Small Claims Court, shall be considered as the evidence in chief of the respective party or parties. However, the Small
Small Claims Courts’ Procedure
Claims Court may permit the parties to lead additional evidence, whether oral or documentary, if it deems necessary to obtain such evidence to enable it to pronounce a judgment only where–
any additional evidence is relevant to the determination of the matters in dispute;
any additional evidence could not have been obtained and adduced along with pleadings at the first instance with reasonable diligence and best efforts and non-production is beyond the control of such party;
if any additional evidence to be led is documentary, it is necessary to prove a document of which the genuineness is impeached by the opposing party;
and
in the event the evidence of official witness or any other witness who is unable to testify by way of an affidavit is required to be led, the parties shall takeout summons on the said witness according to the provisions of this Act.