Sri Lanka Consolidated Acts

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Crown (Liability In Delict) Act (No. 22 of 1969) - Sect 9

Application to the Crown of certain provisions of written law

9.
(1) Subject to the provisions of sub-section (2) this Act shall not prejudice the right of the Crown take advantage of the provisions of any written land although not named therein; and it is hereby declare that in any civil proceedings against the Crown to provisions of any written law which could, if to proceedings were between subjects, be relied upon 1 the defendant as a defence to the proceedings, whether in whole or in part, or otherwise, may, subject to and express provision to the contrary, be so relied upon the Crown.
(2) No court shall refuse to entertain any action brought by virtue of this Act on the ground that the provisions of section 461 of the Civil Procedure Code have not been complied with.
(3) Where the provisions of section 461 of the Civil Procedure Code have not been complied with in respect of an action brought by virtue of this Act, the court shall direct the plaintiff to comply with such direction as the court may deem necessary to make good the omission and shall refuse to entertain the action the plaintiff fails to comply with such directions.


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