SEYLAN BANK PLC V LEBBE MOHOMED RAZIK

SEYLAN BANK PLC V LEBBE MOHOMED RAZIK

SUPREME COURT
SHIRANEE TILAKAWARDANE,J.
RATHNAYAKE,J.,AND
IMAM,J.
S.C APPEAL NO.38 A/2008
SC HC CA LA N0.45/2007
'NCP/HCCA/APR/ LA/07/2007
DC(ANURADHAPURA) CASE NO.21064/ M
JUNE,2ND 2009

Debt Recovery (Special Provisions) Act No.2 of 1990 as amended by Act N0.9 of 1994 - Section 6(3), Section 13, Section 15, Section 16, Section 17 - Is a decree nisi made absolute, a find judgment within the meaning of Section 754(1) of the Civil Procedure Code? - Section13(1) when a decree nisi is made absolute it is deemed to be writ duly issued on the fiscal - Civil Procedure Code - Section 225 (3).

The petitioner instituted action against the respondent under the provisions of the Debt Recovery (Special Provisions) Act in order to recover certain sums of money. The District Court entered decree nisi against the respondent after a summary trial. The respondent sought leave to show cause against the decree nisi. The learned District Judge made order absolute as the respondent failed to disclose a primafacie sustainable defence. The respondent preferred a leave to appeal application to the High Court.

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