Civil Procedure Code (Amendment) Act (No. 53 of 1980)

Sri Lanka Consolidated Acts

Amendment of section 328 of the principal enactment

10.Section 326 of the principal enactment is hereby-amended, by the substitution,, for subsection (1) thereof, of the following new subsection :

" (1) On the hearing of the matter of the petition and the claim made, if any, the court, if satisfied-

	(a) that the resistance, obstruction, hindrance or ouster complained of was occasioned by the judgment-debtor or by some person at his instigation or on his behalf;

	(b) that the resistance, obstruction, hindrance or ouster complained of was occasioned by a person other than the judgment-debtor, and that the claim of such person to be in possession of the property, whether on his own account or on account of some person other than the judgment-debtor, is frivolous' or vexatious; or

	(c) that the claim made, if any, has not been established, shall direct the judgment-creditor to be put into or restored: to the possession of the property and may, in the case specified in paragraph (a), in, addition sentence the judgment-debtor or such other person to imprisonment for a period not exceeding thirty clays.".