Provided always that nothing in this Ordinance contained shall be held in any way to affect or modify any special rules of procedure which, under or by virtue of the provisions of any enactment now in force, may have from time to time been laid down or prescribed to be followed by any civil court in Sri Lanka in the conduct of any action, matter, or thing of which any such court can lawfully take cognizance except in so far as any such provisions are by this Ordinance expressly repealed or modified.
“An action” instituted by a person who in the course of it becomes an alien enemy by reason of the outbreak of the hostilities between His Majesty the King and the power to which he is subject cannot be continued by that person. In the absence of provisions in the Civil Procedure Code to meet such a case the Supreme Court made a special order, under section 4 of the code, that the case be struck off all the rolls of the District Court and be treated as if it had never been instituted.
Hagenbeck Vs. Vaitilingam (18 N.L.R. 1)
Where the defendant was given one-month time to make a payment and on failure the plaintiff was permitted to take over possession. The defendant appealed against the said order. Thereafter the said amount was deposited by the defendant within one month from the date of the receipt of the record by the original court.
Court held that it would seem desirable that it should become a practice under section 4 of the code.
Kalid Vs. Packeer (26 N.L.R. 30)
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