Background
The Ministry of Justice has referred the matter under the instructions of Hon. Minister of Justice, Prison Affairs and Constitutional Reforms to the Law Commission to propose necessary reforms by the letter No.MOJ/L4/556/2023dated 22.05.2023.
Present Status
The jurisdiction regarding matters under Part VII has been judicially interpreted to mean as being quasi criminal without being categorized under civil or criminal jurisdiction.
The jurisdiction conferred on a Primary Court under section 66 is a special jurisdiction. It is quasicriminal jurisdiction. The primary object of the jurisdiction so conferred is the prevention of a breach of the peace arising in respect of a dispute affecting land. The Court in exercising this jurisdiction is not involved in an investigation into title or the right to possession which is the function of a civil Court.
Court is required to take action of a preventive and provisional nature pending final adjudication of rights in a civil Court. Vide. Kanagasabai vs. Mylwaganam 78 N.L.R. 280 and Punchi Nona vs. Padumasena [1994] 2 Sri L.R. 117
The Commission decided to appoint Mr. Samantha RatwatteP.C to lead the Sub-committee entrusted with examining the amendments required to be made to the Primary Courts Procedure Act, which subcommittee will consist of two other members.
The Bar Association of Sri Lanka nominated Mr.Neville Abeyratne P.C at the request of the Chairman of the Law Commission to forward the suggestions for the above law reform.
The Commission decided to improve the report prepared by Mr. Samantha Ratwatte P.C with the suggestions of Justice Salam at the Law Commission meeting scheduled to be held on 18th January 2024.
The finalized report forwarded to the Hon. Minister of Justice Dr. Wijeyadasa Rajapakshe by the Chairman of the Law Commission Mr. Ikram Mohamed P.C at the discussion held on 16th February 2024.
Number of Law Commission Meetings discussed the progress of the Reforms: 08
View More
