KULARATNE

Vs.

PEOPLE'S BANK

SUPREME COURT
ALUWIHARE, J.
JAYAWARDENA, J.
FERNANDO, J.
SC/APPEAL/4/2015
SC/HCCA/LA/239/2012
SP/HCCA/TA/12/2007 (F)
SP/HCCA/MA/49/2007 (F)
DC TISSAMAHARAMA DR/01/97
APRIL 2, 2018

Debt Recovery (Special Provisions) Act, No. 2 of 1990, section 3, 4(1), 4(2), 5, 6(1), 6(2)(a)(b)(c), 7, 11, 30- Civil Procedure Code, sections 384, 387, 390, 391-Failure to pay overdraft facility-Requisites for decree nisi-Summary procedure-Unconditional leave to appear and show cause-Filing of answer and conversion to regular procedure-Technical objections-Intention of the legislature

The plaintiff bank instituted action under the Debt Recovery (Special Provisions) Act, No. 2 of 1990, as amended by Act No. 9 of 1994, against the defendant to recover the overdrawn sum of money. The District Judge issued a decree nisi in the first instance and subsequently granted the defendant unconditional leave to appear and show cause stating that there is a matter to be looked into. With the consent of the parties, the District Court adopted the regular procedure and allowed the defendant to file answer. After trial, the plaintiff's action was dismissed.