Civil Procedure Code at Sri Lanka
In Sri Lanka, civil procedure is primarily governed by the Civil Procedure Code of 1889 (CPC), which is a key piece of legislation for regulating civil litigation in the country. The CPC outlines the procedural rules and guidelines for civil cases, covering everything from filing a lawsuit to the enforcement of judgments. It has been amended several times to accommodate modern legal needs, but its foundational principles remain largely intact.
Key Features of the Civil Procedure Code (CPC) of Sri Lanka
1. General Principles
Adversarial System: Sri Lanka follows the adversarial system of justice, similar to the British system, where both parties present their arguments and evidence, and the judge makes decisions based on the law and facts.
Fairness and Access to Justice: The CPC is designed to ensure that parties have access to justice and that the litigation process is fair and transparent. It includes provisions for legal aid and opportunities for settlement through mediation or other alternative dispute resolution mechanisms.
2. Court System
Sri Lanka’s court system consists of several levels of courts that handle different kinds of civil disputes:
District Courts: The District Court is the main court of first instance for most civil matters. It has jurisdiction over a wide range of cases, including disputes relating to property, contracts, torts, and family law matters (such as divorce, maintenance, and custody).
High Court: The High Court deals with more complex or higher-value civil cases, including appeals from the District Courts in certain instances. It also handles certain specific types of civil matters such as cases under the Bankruptcy Act and Labour Disputes.
Supreme Court: The Supreme Court is the highest court in Sri Lanka. It is primarily an appellate court, and it hears appeals from the High Court and the Court of Appeal. It has the authority to interpret constitutional issues and significant legal matters.
Court of Appeal: The Court of Appeal is another appellate body, and it hears appeals from the District Courts and High Courts.
3. Commencing a Lawsuit
Writ of Summons: A lawsuit begins with the filing of a Writ of Summons in the appropriate court. This document formally notifies the defendant that a claim has been made against them and sets the stage for the legal proceedings.
Pleading: Once the Writ of Summons is filed, the plaintiff must submit a plaint (a formal statement of the claim). The plaint contains the facts of the case, the legal grounds for the claim, and the remedy sought.
Defendant’s Response: After receiving the Writ of Summons, the defendant must file a statement of defense in response to the claim. If the defendant denies the plaintiff’s allegations, they must provide a defense. If they have counterclaims, these must also be raised.
Service of Process: The plaintiff must ensure that the defendant is served with the Writ of Summons and any other necessary documents. This is typically done by a process server or court official.
4. Pre-Trial Procedures
Before the trial begins, the court may engage in several pre-trial processes:
Case Management Conference: A case management conference (CMC) may be scheduled to review the progress of the case and set timelines for filing documents, disclosure of evidence, and resolving procedural issues.
Discovery: Parties are required to disclose relevant documents to each other through a discovery process. This ensures transparency and allows both sides to prepare adequately for trial.
Mediation and Conciliation: Sri Lanka encourages mediation and conciliation as alternative dispute resolution methods. Courts may refer parties to mediation before proceeding with trial, particularly in family disputes or less complex matters.
5. Trial Procedures
Trial: During the trial, the parties present their arguments and evidence. The plaintiff has the burden of proving their case, while the defendant can dispute the evidence and present their own defense. The judge may question witnesses and examine the evidence to ensure fairness.
Witness Testimony: Both parties may call witnesses to testify in support of their case. The witness statements are subject to cross-examination by the opposing party.
Burden of Proof: The burden of proof lies with the plaintiff, who must prove their claim by a preponderance of the evidence (i.e., more likely than not). The defendant is only required to refute the plaintiff’s claim or establish an affirmative defense.
6. Judgment and Orders
Judgment: After hearing the evidence, the judge will issue a judgment, which sets out the findings of fact, legal reasoning, and decision on the case. The judgment may include:
Monetary Damages: In cases of torts or breaches of contract, the court may award compensation.
Injunctions: In certain cases, the court may issue injunctive relief, such as orders to prevent a party from doing something (e.g., stopping a wrongful action or behavior).
Declaration: The court may issue a declaratory order, which states the rights of the parties involved in the case.
Interim Orders: The court can issue interim orders (such as temporary restraining orders or freezing orders) if necessary to prevent harm to the parties during the course of the litigation.
7. Appeals Process
Appeal from District Court: If a party is dissatisfied with the decision of the District Court, they may appeal to the Court of Appeal.
Appeal from High Court: Appeals from the High Court can be made to the Supreme Court, but only on points of law or constitutional matters.
Grounds for Appeal: Appeals are typically based on errors of law or procedure. The appellate court will review the decision of the lower court and may either uphold, modify, or overturn the judgment.
8. Execution of Judgment
Writ of Execution: If a judgment is awarded, and the losing party refuses to comply voluntarily, the prevailing party can request a Writ of Execution. This document allows them to take steps to enforce the judgment, such as seizing property or garnishing wages.
Attachment of Property: In some cases, the court may issue an attachment order, allowing the seizure of the defendant's property to satisfy the judgment.
Sheriffs and Bailiffs: In cases of enforcement, sheriffs and bailiffs are responsible for executing orders issued by the court.
9. Legal Aid and Costs
Legal Aid: The Legal Aid Commission in Sri Lanka provides legal assistance to individuals who cannot afford representation in civil cases. This is particularly helpful for those involved in family law matters, land disputes, and other important cases.
Cost of Litigation: The losing party in a civil case may be ordered to pay the legal costs of the prevailing party. However, the court has discretion to determine the amount of costs to be awarded.
10. Special Procedures
Summary Judgment: In certain cases, the plaintiff may apply for summary judgment if the defendant has no reasonable defense. This can lead to a quick resolution without the need for a full trial.
Small Claims: Sri Lanka has Small Claims Courts that allow for quicker and more affordable resolution of disputes involving smaller amounts of money, generally under LKR 1 million.
Family Court: Family disputes (e.g., divorce, maintenance, child custody) are often handled in specialized Family Courts, which operate under separate procedures.
Bankruptcy and Insolvency: Special rules also exist for bankruptcy and insolvency proceedings in the High Court.
Conclusion:
The Civil Procedure Code (CPC) of Sri Lanka provides a comprehensive framework for civil litigation in the country. It ensures a clear and structured process for parties seeking redress through the courts, with well-established rules for initiating, conducting, and enforcing legal actions. The CPC emphasizes fair trial procedures, legal aid, and opportunities for alternative dispute resolution, such as mediation and arbitration.
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