Formal proof of the execution or genuineness of any deed, or document which is required by law to be attested is required unless the genuineness is impeached in the pleadings or the court wants further proof

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 CIVIL PROCEDURE CODE (AMENDMENT) ACT, No. 17 OF 2022

[Certified on 23rd of June, 2022]

 

Published as a Supplement to Part II of the Gazette of the Democratic Socialist Republic of Sri Lanka of June 24, 2022

This Act can be downloaded from www.documents.gov.lk

Civil Procedure Code (Amendment) Act Act, No. 17 of 2022 [Certified on 23rd of June, 2022] L.D.—O. 58/2021

 

 


AN ACT TO AMEND THE CIVIL PROCEDURE CODE (CHAPTER 101) BE it enacted by the Parliament of the Democratic Socialist Republic of Sri Lanka as follows:-

 


Short title

This Act may be cited as the Civil Procedure Code (Amendment) Act, No. 17 of 2022.

 

1.      The following new section is hereby inserted immediately after section 154 of the Civil Procedure Code (Chapter 101) and shall have effect as section 154A of that Code:–

 

Insertion of new section 154A into Chapter 101

 

Proof of deed or document unnecessary in certain events.

 

154A. (1) Notwithstanding the provisions of the Evidence Ordinance (Chapter 14), in any proceedings under this Code, it shall not be necessary to adduce formal proof of the execution or genuineness of any deed, or document which is required by law to be attested, other than a will executed under the Wills Ordinance (Chapter 60), and on the face of it purports to have been duly executed, unless–

(a)     in the pleadings or further pleadings in an action filed under regular procedure in terms of this Code, the execution or genuineness of such deed or document is impeached and raised as an issue; or

 

(b)     the court requires such proof:

 Provided that, the provisions of this section shall not be applicable in an event, a party to an action seeks to produce any deed or document not included in the pleadings of that party at any proceedings under this Code.

 (2) The provisions of subsection (1), shall mutatis mutandis apply in the actions on summary procedure under this Code.”.

 

Transitional Provisions

2.      Notwithstanding anything contained in section 2 of this Act, and the provisions of the Evidence Ordinance, in any case or appeal pending on the date of coming into operation of this Act –

 (a)     (i) if the opposing party does not object or has  not objected to it being received as evidence on the deed or document being tendered in evidence; or

 (ii) if the opposing party has objected to it being received as evidence on the deed or document being tendered in evidence but not objected at the close of a case when such document is read in evidence, the court shall admit such deed or document as evidence without requiring further proof;

 (b)     if the opposing party objects or has objected to it being received as evidence, the court may decide whether it is necessary or it was necessary as the case may be, to adduce formal proof of the execution or genuineness of any such deed or document considering the merits of the objections taken with regard to the execution or genuineness of such deed or document.

 Sinhala text to prevail in case of inconsistency  

3.      In the event of any inconsistency between the Sinhala and Tamil texts of this Act, the Sinhala text shall prevail.

 

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