Sri Lanka Consolidated Acts

[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]

Civil Procedure Code (Amendment) Act (No. 9 of 1991) - Sect 3

Replacement of section 9 of the principal enactment

3. Section 9 of the principal enactment is hereby repealed and the following section substituted therefor:"
'9. Section 93 of the principal enactment is hereby repealed and the following section substituted therefor:-
93.
(1) Upon application made to it before the day first fixed for trial of the action, in the presence of, or after reasonable notice to all the parties to the action, the Court shall have full power of amending in its discretion, all pleadings in the action, by way of addition, or alteration, or of omission.
(2) On or after the day first fixed for the trial of the action and before final judgement, no application for the amendment of any pleadings shall be allowed unless the Court is satisfied, for reasons to be recorded by the Court, that grave and irremediable injustice will be caused if such amendment is not permitted, and on no other ground, and that the party so applying has not been guilty of laches.
(3) Any application for amendment of pleadings which may be allowed by the Court under subsection (1) or (2) shall be upon such terms as to costs and postponement or otherwise as the Court may think fit.
(4) The additions or alterations or omissions shall be clearly made on the face of the pleading affected by the Order ;or if this cannot conveniently be done, a fair copy of the pleading as altered shall, be appended in the record of the action to the pleading amended. Every such addition or alteration or omission shall be signed by the Judge.",.


[Index] [Table] [Database Search] [Name Search] [Previous] [Next] [Help]