ACT, No. 11 OF 2010

11of2010.pdf
NadunReplacecont

PARLIAMENT OF THE DEMOCRATIC
SOCIALIST REPUBLIC OF
SRI LANKA
—————————
CIVIL PROCEDURE CODE (AMENDMENT)
ACT, NO. 11 OF 2010
—————————
[Certified on 05th October, 2010]
Printed on the Order of Government
—————————
Published as a Supplement to Part II of the Gazette of the Democratic
Socialist Republic of Sri Lanka of October 08, 2010.
PRINTEDATTHEDEPARTMENTOFGOVERNMENTPRINTING,SRILANKA
TOBEPURCHASEDATTHEGOVERNMENTPUBLICATIONSBUREAU,COLOMBO5
Price : Rs. 5.00 Postage : Rs. 10.00

Civil Procedure Code (Amendment) 1
Act, No. 11 of 2010
[Certified on 05th October, 2010]
L. D. —O. 52/2007.
ANACT TO AMEND THE CIVIL PROCEDURE CODE
BE it enacted by the Parliament of the Democratic Socialist
Republic of Sri Lanka as follows:—
1. This Act may be cited as the Civil Procedure Code Short title.
(Amendment) Act, No. 11 of 2010.
2. Section 338 of the principal enactment is hereby Amendment of
amended in subsection (3) thereof, by the substitution for section 338 of
the principal
paragraph (b) thereof, of the following paragraph:—
enactment.
‘“legal representative” means an executor or
administrator or in the case of an estate below the
value of rupees four million, the next of kin who
have adiated the inheritance:
Provided however, that in the event of any
dispute arising as to who is the legal representative
the provisions of section 397 shall, mutatis
mutandis, apply.’.
3. Section 394 of the principal enactment is hereby Amendment of
amended in subsection (2) thereof by the substitution for section 394 of
the definition for the expression “legal representative” of the principal
enactment.
the following definition:—
‘“legal representative” means an executor or
administrator or in the case of an estate below the
value of rupees four million, the next of kin who
have adiated the inheritance.’.
4. Section 524 of the principal enactment is hereby Amendment of
amended by the repeal of subsection (4) of that section and section 524 of
the principal
the substitution therefor, of the following subsection :—
enactment.
“(4) The petitioner shall tender with the petition
proof of payment of charges to cover the cost of
publication of the notice under section 529.”.
2 Civil Procedure Code (Amendment)
Act, No. 11 of 2010
Amendment of 5. Section 525 of the principal enactment is hereby
section 525 of
amended by the substitution for the words “five hundred
the principal
enactment. thousand rupees” of the words “four million rupees”.
Amendment of 6. Section 527 of the principal enactment is hereby
section 527 of amended by the substitution, for the words “five hundred
the principal
thousand rupees” of the words “four million rupees.”
enactment.
Amendment of 7. Section 528 of the principal enactment is hereby
section 528 of amended in subsection (3) of that section, by the addition
the principal
immediately after paragraph (b) thereof of the following
enactment.
paragraph :—
“(c) notices on the respondents who have not
consented to the application, requiring them to
file objections if any, to the application on or
before the date specified in the notice under
section 529. Such notice shall be sent by the
probate officer by registered post.”.
Amendment of 8. Section 529 of the principal enactment is hereby
section 529 of amended as follows:—
the principal
enactment.
(1) in subsection (2) of that section, by the substitution
for the words “incorporating the information
relating to—” of the words, “relating to—”;
(2) in subsection (3) of that section, by the substitution
for the words “to any person to whom the notice
relates” of the words “to any person specified in the
application made under section 524 or 528.
Amendment of 9. Section 530 of the principal enactment is hereby
section 530 of amended by the substitution for the words “named in such
the principal
notice” of the words “of the deceased”.
enactment.
Amendment of 10. Section 541 of the principal enactment is hereby
section 541 of amended in subsection (2) of that section by the substitution
the principal
enactment. for the words “the respondents to the original petition for
Civil Procedure Code (Amendment) 3
Act, No. 11 of 2010
probate or letters of administration or certificates of heirship”
of the words “the heirs of the deceased or other persons who
have objected to the application”.
Amendment of
11. Section 545 of the principal enactment is hereby
section 545 of
repealed and the following section substituted therefor:— the principal
enactment.
“No transfer 545. No person shall effect any transfer of
to be effected
any property movable or immovable, in Sri
in certain
cases. Lanka, belonging to or included in, the estate
or effects of any person dying testate or intestate
in or out of Sri Lanka within five years prior to
the effecting of the transfer, unless grant of
probate has been issued in the case of a person
dying testate, or letters of administration or
certificates of heirship have been issued in the
case of a person dying intestate and leaving an
estate amounting to, or exceeding four million
rupees in value.”.
12. Section 554 of the principal enactment is hereby Amendment of
section 554 of
amended as follows:—
the principal
enactment.
(1) in subsection (2) thereof by the substitution for the
words “which is over rupees five hundred thousand”
of the words “which is over rupees four million,”;
(2) in subsection (3) thereof for the substitution for the
words “which is less than rupees five hundred
thousand” of the words “which is less than rupees
four million.”.
13. The First Schedule to the principal enactment is Amendment to
First Schedule to
hereby amended as follows:—
the principal
enactment.
(1) by the substitution for Form 82 thereof of the
following Form:—
4 Civil Procedure Code (Amendment)
Act, No. 11 of 2010
“No. 82 (Section 517/524)
FORM OF APPLICATION FOR PROBATE OR FOR
ADMINISTRATION WITH THE WILL ANNEXED
In the matter of the will of A. B. deceased
C. D. of Petitioner
1. A.B. late of…………died on the……… day of……………….
20………..
2. The said A. B. duly executed his last will dated the………day of
……………20……… (now deposited in this court or and the said will is
appended hereto or as the case is………see section 524).
3. To the best of your petitioner’s knowledge the heirs of the
said A. B., deceased, are :
4. Full and true particulars of the property left by the deceased, so
far as your petitioner has been able to ascertain the same, are contained
in the Schedule hereto annexed.
5. Your petitioner claims as (executor, creditor, &c., as the case
is)
Your petitioner therefore humbly prays for an order declaring the
said will proved, and that he may be declared executor of the said
will, and that probate thereof may be issued to him accordingly (or,
where the case is so, for a grant of administration with copy of the will
annexed, &c.). (If a limited grant is asked for, set out to that effect.)
(Formal conclusion).
SCHEDULE
(Support paragraph 2 and 5 by affidavit or oral evidence. If the
testator died out of Sri Lanka, state that the applicant has obtained an
Order appointing the court to have sole testamentary jurisdiction.)”.
Civil Procedure Code (Amendment) 5
Act, No. 11 of 2010
(2) by the substitution, for Form 83 thereof, of the
following Form :—
“No 83 (Section 517)
FORM OF APPLICATION FOR ADMINISTRATION WHERE
THERE IS NO WILL OR FOR CERTIFICATE OF HEIRSHIP
(Formal parts proceed as in last form)
In the matter relating to the will of
A. B. deceased
C. D. of ………. Petitioner
V
(For respondents name intestate heirs of the deceased to the best of
the petitioner’s knowledge)
1. The said. A. B., late of……………….died on the……………. day
of………… 20………
2. The said A. B. did not execute a last will/no last will of the said
A. B. can be found.
3. To the best of the petitioner’s knowledge the heirs of the said
A. B. deceased, are:
4. Full and true particulars of the property left by the deceased, so
far as your petitioner has been able to ascertain the same, are contained
in the schedule hereto annexed.
5. Your petitioner claims as (creditor, &c. as the case is).
Your petitioner therefore humbly prays for an order declaring
that he is entitled as such (creditor, or as the case is) to administer the
estate of the said intestate and directing that letters of administration
of the said estate or certificates of heirship thereto be granted to him
accordingly. (If a limited grant is asked for, set out to that effect).
(Formal conclusion).
SCHEDULE
(Support paragraphs 2 and 5 by affidavit or oral evidence and if
the deceased died out of Sri Lanka, state that the applicant has obtained
an Order appointing the Court to have sole jurisdiction.)”; and

6 Civil Procedure Code (Amendment)
Act, No. 11 of 2010
(3) by the substitution, for Form 84 thereof, of the
following Form:—
“No. 84 (Section 529 (2))
FORM OF NOTICE TO BE PUBLISHED BY THE PROBATE
OFFICER
Notice under section……………………………………………….of the Civil
Procedure Code.
It is hereby notified that the following applications have been
made for the proof of will/probate/grant of letters of administration/
issue of certificates of heirship, in respect of the estates of the deceased
persons described in the Schedule hereto.
Any person having objections to the making of an Order declaring
a will proved or the grant of probate or letters of administration with
or without a will annexed or the issue of certificates of heirship to the
persons named in the petitions, shall make such objections in writing
supported by affidavit and filed on or before the dates fixed by the
respective District Courts specified below:
SCHEDULE
DISTRICT COURT OF ………………….
Last date for filling of objections:…………….day of………..20……..
SCHEDULE
Column I Column II Column III Column IV
District Court Name and Whether Name and
Registration Address Deceased Address
No. of Deceased left will of Applicant
Date:………………… Signed Probate Officer
District Court of…………………….”.
Sinhala text to 14. In the event of any inconsistency between the
prevail in case Sinhala and Tamil texts of this Act, the Sinhala text shall
of prevail.
inconsistency.

Civil Procedure Code (Amendment) 7
Act, No. 11 of 2010
Annual subscription of English Bills and Acts of the Parliament Rs. 885 (Local), Rs. 1,180
(Foreign), Payable to the SUPERINTENDENT, GOVERNMENT PUBLICATIONS BUREAU, DEPARTMENT OF
GOVERNMENT INFORMATION, NO. 163, KIRULAPONA MAWATHA, POLHENGODA, COLOMBO 05 before 15th
December each year in respect of the year following.
NadunReplacecontEnd