CIVIL PROCEDURE AMENDMENT NO 43 OF 2024

CIVIL PROCEDURE AMENDMENT NO 43 OF 2024

 

1. Short Title and Amendment to Definitions:

The Act is cited as the Civil Procedure Code (Amendment) Act No. 43 of 2024.

It introduces a definition for "electronic" based on the Electronic Transactions Act No. 19 of 2006.

 

2. Amendment of Section 9:

The location for filing a lawsuit is specified based on where a party plaintiff or defendant resides.

 

3. Amendment of Section 27:

Details are provided on how a registered attorney must include an electronic mail address and a mobile phone number for service of legal documents.

Introduces the requirement for attorneys to certify the identity of their clients and, for those outside Sri Lanka, allows for appointments to be certified by authorized persons in the respective countries.

 

4. Amendment of Section 55:

Specifies that all parties must register their contact details, including address, mobile phone number, and email, with the Registrar. This information will be used for serving legal documents.

 

5. Replacement of Section 59 - Service of Summons:

Summons can be served by a process server, registered post, courier service, or electronic mail.

Special provisions are included for companies, public officers, and when the defendant is employed by another person.

 

6. Replacement of Section 60 - Service by Process Server:

Detailed instructions on how a process server should handle the service of summons, including obtaining acknowledgments and the steps to take if the defendant cannot be located.

 

7. Replacement of Section 61 - Proof of Service:

Describes what constitutes proof of service, including registered post receipts, proof of electronic mail, and affidavits of service.

 

8. Replacement of Section 66 - Service on Agent or Affixing on Immovable Property:

In cases involving immovable property, if the defendant cannot be served personally, the summons can be served on an agent or affixed to the property.

 

9. Replacement of Section 68 - Service on Defendant in Jail:

Specifies that summons for a defendant in jail should be delivered to the officer in charge of the jail, who will then ensure personal service on the defendant.

 

10. Amendment of Section 70:

 Clarifies that when serving summons outside Sri Lanka, it must comply with both Sri Lankan law and the legal requirements of the country where the defendant resides.

 

11. Insertion of Chapter VIIIA - Service of Orders:

 Introduces a new chapter allowing courts to communicate orders such as injunctions and sequestration orders via electronic or telephone devices.

 

12. Amendment of Section 86:

 Allows a defendant to apply to set aside an ex-parte trial or decree under certain conditions, such as not receiving the summons.

 

13. Amendment of Section 653:

 Increases the penalty amount from one thousand five hundred rupees to two million rupees.

 

14. Amendment to Forms in the First Schedule:

 Updates the forms used for appointing registered attorneys and for service-related procedures, incorporating modern communication methods like email and mobile phones.

 

15. Sinhala Text to Prevail:

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

 

This summary outlines the key changes and additions to the Civil Procedure Code as amended by Act No. 43 of 2024.

 

 

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