What the Code covers and which court hears the case
The Code applies to civil proceedings in the District Courts, which have unlimited original civil jurisdiction, and, with modifications, in the other courts of first instance. The Commercial High Court in Colombo hears commercial disputes above a monetary threshold under the High Court of the Provinces (Special Provisions) Act, using the Code's procedure with some variations. Small disputes may first have to go to a Mediation Board under the Mediation Boards Act before an action can be filed, and a certificate of non-settlement is then attached to the plaint.
Jurisdiction is also territorial. The action is usually filed where the defendant resides, where the cause of action arose or, for land, where the land is situated. Getting this wrong at the start is a common reason for a case to be dismissed years later.
Plaint, summons and answer
A regular action begins with a plaint that sets out the parties, the facts giving rise to the cause of action, the relief claimed and the value of the action. The court issues summons, which must be properly served; disputes about service recur throughout the Code and the case law. The defendant files an answer admitting or denying each allegation and may raise a claim in reconvention (a counterclaim), to which the plaintiff replies.
Pleadings may be amended, but the 1990s amendments to section 93 restrict amendment after the first date of trial, so pleadings should be drafted with care. Documents relied on must be listed and produced in good time.
Issues, trial and judgment
On the trial date the parties frame issues under section 146, and the trial proceeds on those issues rather than on the pleadings alone. Evidence is led under the Evidence Ordinance, with examination-in-chief, cross-examination and re-examination. After written or oral submissions the judge delivers a judgment, which must set out the issues, the decision on each and the reasons, as section 187 requires.
The decree that follows records what has been ordered and is the document that is executed or appealed. Judgment and decree are separate acts, and the distinction matters when counting time limits.
Interim relief: enjoining orders and injunctions
Urgent protection is available before trial. An enjoining order can be issued ex parte for a short period under section 664, and an interim injunction after notice under section 662 and section 54 of the Judicature Act. The applicant must show a prima facie case, that the balance of convenience favours relief and that damages would not be an adequate remedy. Courts can also appoint receivers, order the sequestration of property before judgment and restrain the alienation of land in dispute.
Special procedures
The Code contains procedures tailored to particular claims. Summary procedure on liquid claims (Chapter LIII) lets a creditor on a cheque, bill or written promise obtain judgment quickly unless the defendant obtains leave to defend. Matrimonial actions have their own chapter, with decree nisi and decree absolute. Testamentary actions deal with probate and letters of administration. Partition actions are brought under the separate Partition Law, and hypothecary actions enforce mortgages. Each has its own filing requirements and time limits.
Appeals, revision and execution
A final judgment of the District Court is appealed to the Court of Appeal, or to the Provincial High Court in civil appellate jurisdiction. Notice of appeal is filed within fourteen days and the petition of appeal within sixty days of the judgment, and the time limits are strictly applied. Interlocutory orders usually require an application for leave to appeal instead. The Court of Appeal also has revisionary jurisdiction for exceptional cases where no appeal lies or the appeal would not be an adequate remedy.
Once a decree is final it is enforced by writ of execution: seizure and sale of movable or immovable property, or, for a decree for possession, delivery of the land. A decree-holder must apply within the limitation period, and judgment debtors can be examined about their means.
Researching civil procedure with Lex
Procedural questions turn on the exact wording of the section and on how the appellate courts have applied it. In Lex you can ask "can a plaint be amended after the first trial date" or "what must a judgment contain under section 187" and open the section and the cited judgments together. For the courts and the sources, see our guide to the Sri Lankan legal system and the step-by-step research guide.
Questions and answers
What is the Civil Procedure Code of Sri Lanka?
The Civil Procedure Code, Ordinance No. 2 of 1889, is the statute that governs civil litigation in Sri Lanka. It sets out how an action is filed, how summons is served, how pleadings, trial, judgment and decree work, and how appeals and execution proceed. It has been amended many times, most significantly in the 1990s.
How does a civil case start in Sri Lanka?
The plaintiff files a plaint in the court with jurisdiction, usually the District Court, stating the facts, the cause of action and the relief claimed. The court issues summons to the defendant, who files an answer. Some disputes must first go to a Mediation Board, and a certificate of non-settlement is then attached to the plaint.
What is the time limit for a civil appeal in Sri Lanka?
Under the Civil Procedure Code, notice of appeal against a final judgment of the District Court must be filed within fourteen days and the petition of appeal within sixty days of the judgment. Appeals against interlocutory orders normally require leave to appeal, with its own shorter time limit. These periods are applied strictly.
What is an enjoining order?
An enjoining order is a short-term ex parte order under section 664 of the Civil Procedure Code that restrains a party until an application for an interim injunction can be heard. The interim injunction itself is granted after notice, on the usual tests of a prima facie case, balance of convenience and the adequacy of damages.
This guide is general information, not legal advice. Last updated 6 October 2026.