Civil Procedure Code (Amendment) Act 1980

This Act may be cited as the Civil Procedure Code

{Amendment) Act, No. 53 of 1980.

Section 8 of the Civil Procedure Code (hereinafter referred to as the “principal enactment”)

is hereby repealed and the following new section substituted therefor :—

“ Procedure

8.

{

Save and except actions in which it is

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of action by this Ordinance or any other law specially ordinarily provided that proceedings may be taken by way of summary procedure, every action shall commence and proceed by a course i of regular procedure, as hereinafter prescribed.”.

Section. 86 of the principal enactment is hereby amended as follows :—

{i} by the repeal of subsection (1) thereof; and

Section 88 of the principal enactment is hereby amended, by the insertion, immediately after subsection (2) thereof, of the following new subsection :—

“ (3) The provisions of sections 761 and 1763 shall, mutatis mutandis, apply to and in relation to the execution of a decree entered upon default, where an order refusing to set aside such decree has been made, ”.

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& 51291—15,000 (80/10)

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Amendment

‘No. 53 of 1980

Section 192 of the principal enactment is hereby amended, by the substitution, for subsection (1) thereof, of the following new subsection :-—

“ (1) When the action is for a sum of money due to the plaintiff, the court may, in the decree order interest according to the rate agreed on between the parties by the instrument sued on, or in the absence of any such agreement at the rate of twelve per centum per annum to be paid on the principal sum adjudged from the date of the action to the date of the decree, in addition to any interest adjudged on such principal sum for any period prior to the institution of the action, with further interest at such rate on the aggregate sum so adjudged, from the date of the decree to the date of payment, or to such earlier date as the court thinks fit.”.

Section 196 of the principal enactment is hereby repealed and the following new section substituted therefor :—

“Decree

196. When the action is for the recovery of when claim

;

:

in respect the possession of immovable property, yield-of mesne profits-from ing rent or other profit, the court may, when-action Fe ever the prayer of the plaint asks for damages in respect of mesne profits or rent, provide in the decree for the payment of money in lieu of mesne profits or rent in respect of such property from the date of the institution of the action until the delivery of possessian to the party in whose favour the decree is made, with interest thereon at such rate not exceeding twelve per centum as the court thinks fit.

Explanation :— Mesne profits ” of property mean those profits which the person in wrongful possession of such property actually received, or might, with ordinary diligence, have received therefrom.”

No, 53 of 1980

” °

Section 213 of the principal enactment is hereby repealed and the following new section substituted therefor :—

.

Court may

213.

rs vy Rha

The court may give interest on costs give interest

:

dy a

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on costs.

at any rate not exceeding twelve per centum per annum, and may direct that costs, with or without interest, be paid out of, or charged upon, the subject-matter of the action.”.

Amendment of section 222 of the principal enactment.

8 Section 222 of the principal enactment is hereby amended, by the insertion, immediately after subsection (2)

i.

thereof, of the following new subsection :—

““ (3) An application to execute a decree against the judgment-debtor as provided in subsection (2) shall be ruade, by petition supported by affidavit of the judgment-

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creditor setting out the material facts, to which applica-tion the judgment-debtor shall be made respondent. The court shall after inquiry, if satisfied that the decree should be executed against the judgment-debtor personally, grant such application.”.

Section 325 of the principal enactment is hereby amended, by the substitution, for subsection (2) thereof, of the following new subsection :—

“ (2) When a petition under subsection (1) is presented, the court may, upon the application of the judgment-creditor made by motion ex parte, direct the Fiscal to publish a notice announcing that the Fiscal has been resist-ed or obstructed in delivering possession of such property, or that the judgment-creditor has been hindered in 5

taking complete and effectual possession thereof or ousted i therefrom, as the case may be, by the judgment-dector

“

or other person, and calling upon all persons claiming to be in possession of the whole or any part of such property by virtue of any right or interest and who object to posses-sion being delivered to the judgment-creditor to notify their claims to court within fifteen days of the publicatiun of the notice.”.

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Amendment

No. 53 of 1980

Section 326 of the principal enactment is hereby amended, by the substitution, for subsection (1) thereof, of the following new subsection :—

On the hearing of the matter of the petition and the claim made, if any, the court, if satisfied—

that the resistance, obstruction, hindrance or ouster complained of was occasioned by the judgment-debtor or by some person at his instigation or on his behalf

that the resistance, obstruction, hindrance or ouster complained of was occasioned by a person other than the judgment-debtor, and that the claim of such person to be in possession of the property, whether on his own account or on account of some person other than the judgment-debtor, is frivolous or vexatious

that the claim made, if any, has not been established,

by the judgment-debtor or any other respondent to the petition under section 325, or

Section 337 of the principal enactment jis hereby amended as follows :—

Section 501 of the principal enactment is hereby repealed and the following new section substituted there-for :—

onal

501. (1) The provisions contained in this er to apply

Chapter shall, mutatis mutandis, apply in the to persons of unsound case of persons of unsound mind and men-entalin.

tally deficient persons, adjudged to be so deficient under the provisions of this Ordinance or persons.

under any law for the time being in force.

Amendment

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Civil Precedure-Code (Amendment) Act,

Ne. 53 of 1980

For the purposes of this section,

For the. purposes of this section,

Section 662 of the principal enactment is hereby repealed and the following new section substituted therefor :—

“ When

662. Every application for an injunction injunction

;

;

.

may be for any of the purposes mentioned in section granted.

54 of the Judicature Act, No. 2 of 1978, except in cases where an injunction is prayed for in a plaint in any action, shall be by petition, and shall be accompanied by an affidavit of the applicant or some other person having-knowledge of the facts, containing a state-ment of the faets on which the application is-based.”.

Civil Precedure Code (Amendment) Act;

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No. 53 of 1986

Section 745 of the principal enactment is hereby repealed and the following new section substituted therefor :—

“ Compulsory

745. A petition praying for the judicial judicial settlement settlement of the account of—

of accounts in casseg of

the manager of the estate of a person persons of of unsound mind or mentally defi-mind, cient person ;

the guardian of the person of a person minors.

the curator of the estate of a minor

the guardian of the person of a minor ;

the next friend of a minor plaintiff

the guardian for the action of a minor defendant ;

and (f) proof must be adduced to the satisfaction of the court that the person so required to account has received money or property of the minor for which he is fiable to account and has not accounted. ”.

Section 749 of the principal enactment is hereby repealed and the following new section substituted therefor :—

“ Requisites

749. Every petition by which an applica-of petitions oo

Lo.

relating to tion is made to a District Court for the persons of

.

.

.

.

unsound exercise of its powers over or in respect of mind,

.

.

mentally persons of unsound mind, mentally deficient deficient

.

persons, persons, minors or trustees, as the case may

Trustees.

be, shall state expressly that the petitioner does not know of any person interested in the subject of the petition or in the person sought to be affected by the order prayed for in the petition, who is likely to entertain any objection thereto, other than those who are named as respondents in the petition. ”.

Section 752 of the principal enactment is hereby repealed and the following new section substituted therefor :—

poecunity

752. The District Court shall have the like managers power to make the person appointed manager and tors of the estate of a person of unsound mind, or mentally deficient person, or the person ap-pointed curator of a minor’s estate, give security for the due administration of the estate as it has in the case of administrators of deceased persons estates. ”,

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No. 53 of 1980

Section 763 of the principal enactment is hereby amended as follows :—

bi

Section 800 of the principal enactment is hereby

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repealed and the following new section substituted therefor :—

“ Sentences

800.

te

The provisions of Article 105 (3) of the Constitution and sections 18 and 55 of under this the Judicature Act, No. 2 of 1978 shall, apply to the sentence of fine or imprisonment, as the case may be, that may be imposed on conviction for contempt under this Chapter by the various courts.”.

The Second Schedule to the principal enactment is hereby repealed and the following new Schedule sub-stituted therefor :—

No. 53 of 1980