Mutual Assistance in Civil and Commercial Matters Act 2000 · පනවන ලද පරිදි · Part III · Assistance in Relation to Taking of Evidence
10. Request by a specified country for evidence to be taken in Sri Lanka
ප්රතිචාර සහ සහායනිල ඉංග්රීසි පරිවර්තනය. එය සිංහල හෝ දෙමළ පාඨයට වඩා වෙනස් නම් බලපවත්වන පාඨය කුමක්දැයි පනතේම සඳහන් වේ.
Where the appropriate authority of a specified country makes a request to the Central Authority that —
evidence be taken in Sri Lanka ; or
- any other judicial act be performed in Sri Lanka, for the purposes of a proceeding relating to a civil or commercial matter arising in the specified country, the Central
Authority may, subject to section 13, authorize, in writing, the taking of such evidence or the performance of such judicial act by such District Judge as may be specified in the
, authorization and the transmission of such evidence, or other
‘material to the specified country.
Mutual Assistance in Civil and Commercial
Every request made under subsection (1) by the appropriate authority of a specified country shall, as far as circumstances permit, specify —
the appropriate authority making the request;
the names and addresses of the parties to the proceeding and their representatives, if any;
the nature of the proceeding for which the evidence is required, giving all necessary information in regard thereto;
the evidence to be taken or other judicial act to be performed;
and where appropriate, the request shall specify, inter alia —
the names and addresses of the persons to be examined;
the questions to be put to the persons to be examined or a statement of the subject matter about which they are to be examined;
the documents or other property, real or personal, to be inspected;
any requirement that the evidence is to be given on oath or affirmation, and any special form to be used;
any special mode or procedure to be followed unless such mode or procedure is inconsistent with the law of Sri Lanka or is impossible of compliance by reason of the practice and procedure in the courts of Sri Lanka or by reason of practical difficulties.
Where the Central Authority authorises the taking of evidence or the performance of any other judicial act, by a
District Judge, the District Judge shall take such evidence, or perform such judicial act, in accordance with the law of
Sri Lanka:
Provided that where the appropriate authority of the specified country has in his request to the Central Authority specified a special procedure for the taking of such evidence or the performance of such judicial act, the District Judge shall follow such procedure, unless such procedure is inconsistent with the law of Sri Lanka or is impossible of compliance by reason of the practice and procedure of the courts in Sri Lanka or by reason of practical difficulties.
Where the Central Authority authorizes the taking of evidence by a District Judge, the District Judge shall inform the appropriate authority in the specified country, of the date, time and place where the evidence will be taken, in order that the parties concerned and their representatives if any, may be present when such evidence is taken.
The District Judge taking evidence or performing any other judicial act in pursuance of an authorization made under subsection (1) shall permit —
any person to whom the proceeding in the specified country relates;
the appropriate authority of the specified country, to have legal representation when such evidence is taken, or such judicial act is performed, by such District Judge.
<A person who is required to give evidence before a
District Judge for the purposes of a proceeding relating to a civil or commercial matter arising in a specified country may refuse to give such evidence if he is entitled to refuse to give such evidence —
under the law of Sri Lanka; or
under the law of the specified country and such privilege is specified in the request made to the
Central Authority by the appropriate authority of
Mutual Assistance in Civil and Commercial the specified country or is, at the request of the
Central Authority or the District Judge as the case may be, otherwise confirmed to such Central
Authority or such District Judge, as the case may be, by the’ appropriate authority of the specified country.
The provisions of the Civil Procedure Code relating to the compelling of attendance of witnesses and the production of documents by witnesses shall apply in relation to a District
Court which is authorized under subsection (1) to take evidence or perform any other judicial act.
A District Judge authorized under subsection (1) to take any evidence or to perform any other judicial act shall take such evidence in writing and shall certify that such evidence was taken, or that such judicial act was performed, by such District Judge, and shall cause the evidence so taken and such certificate to be sent to the Central Authority.
The Central Authority shall cause the evidence and certificate of the District Judge sent to him under subsection (8) to be transmitted to the appropriate authority of the specified country making the request.