Sri Lanka Consolidated Acts

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Pradeshiya Sabhas Act (No. 15 of 1987) - Sect 214

No section to be instituted against a Pradeshiya Sabha until after one months notice nor after six months after cause of action

214.
(1) No action shall be Instituted against any Pradeshiya Sabha or any member or any officer of the Pradeshiya Sabha or any person acting under the direction of the Pradeshiya Sabha for anything done or intended to be done under the powers conferred by this Act, or any by-law made thereunder. until the expiration of one month next after notice in writing shall have been given to the Pradeshiya Sabha or to the defendant, stating with reasonable certainty the cause of such action and the name and the place of abode of the intended plaintiff and of his attorney-at-law or agent. if any. in such action.
(2) Every action referred to in subsection (1) shall be commenced within six months after the accrual of the cause of action and not thereafter.
(3) If any person to whom notice of action is given under subsection (1) ,shall before action is brought, tender sufficient amends to the plaintiff, such plaintiff shall not recover in any such action when brought, and the defendant shall be entitled to be paid his costs by the plaintiff.
(4) If no tender of amends is made under subsection (3), it shall be lawful for the defendant by leave of the Court before which such action is pending, at any time before issue is joined, to pay into Court such sum of money as he may think fit, and thereupon such proceedings shall be had as in other cases where defendants are allowed to pay money into Court.
(5) Upon the trial of any action referred to in subsection (l)the plaintiff, shall not be permitted to prove any cause of action other than the cause or action stated in the notice given by him under that subsection ; and unless such notice be proved, the Court shall find for the defendant.


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