Sri Lanka Consolidated Acts

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Civil Procedure Code (Amendment) Act (No. 53 of 1980) - Sect 3

Amendment of section 86 of the principal enactment

3.Section 86 of the principal enactment is hereby amended as follows :
(i) by the repeal of subsection (1) thereof ; and
(ii) by the insertion, immediately after subsection (2) thereof, of the following new subsection:
" (2A) At any time prior to the entering of judgment against a defendant for default, the court may, if the plaintiff consents, but not otherwise, set aside any order made on the basis of the default of the defendant and permit him to proceed with his defence as from the stage of default upon such terms as to costs or otherwise as to the court shall appear fit. ".


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