Sri Lanka Consolidated Acts

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Civil Courts Procedure (Special Provisions) Law (No. 19 of 1977) - Sect 8

Effect of non-compliance with the provisions of the Administration of Justice Law or the Civil Procedure Code

8.
(1) No party to any action, application or other matter instituted in or made to any civil court shall be non-suited or be prejudiced in any manner whatsoever by reason only of non-compliance with any of the provisions" of the Administration of Justice Law, if such party has complied substantially with the requirements of the Civil Procedure Code and provided no substantial prejudice has been caused to any other party to the action," application or other matter by such non-compliance.
(2) The non-compliance with any of the provisions of the Administration of Justice Law in relation to civil actions, applications or other matters or with the provisions of the Civil Procedure Code or with any rules made under such Law or Code and in force for the time being, shall not render any proceedings in such action, application or matter void unless the court shall direct that such proceedings shall be set aside, either wholly or in part, as irregular or be amended or otherwise dealt with in such manner and upon such terms as the court shall think fit.
(3) An application to set aside any proceedings for irregularity shall not be allowed unless it is made within a reasonable time and before the party applying has taken any fresh step after becoming aware of the irregularity.
(4) An application under the preceding subsection shall be made by way of petition setting out the grounds of objection and shall be supported by an affidavit.


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