6. Action

PART I

OF ACTIONS IN GENERAL

CHAPTER II

GENERAL PROVISIONS 

6. Every application to a court for relief or remedy obtainable through the exercise of the court’s power or authority, or otherwise to invite its interference, constitutes an action.

Action is not an apt term to describe insolvency proceedings, the procedure in regard to which is regulated by “Insolvency Ordinance No 7 of 1853…. The Civil Procedure has nothing to do whatsoever with insolvency matters.

In re Abdul Aziz (1 N.L.R. 196) 

Damages cannot be claimed or awarded in a partition case.

Samarasinghe Vs. Balahamy (5 N.L.R. 379) 

The proceedings in partition actions are not strictly speaking actions as being proceedings for prevention or redress of a wrong, that may, I think, be deemed applications for relief from joint ownership obtainable through the exercise of the courts power.

Lebbe Vs. Marikkar (4 Leader Law Report 126) 

It has been approved by Basnayake J. in Kiribanda Vs. Weerappa Chettiyar (50 N.L.R. 490)

An application made to appoint a guardian ad litem in a partition suit and to add as a defendant falls within the meaning of the action defined in section 6 of the civil procedure code.

Raman Chetty Vs. Abdul Razak (7 N.L.R. 345) 

Parents have right to file action against school master to issue school leaving certificate of their child. There was an implied contract between the parties.

Amaris Vs. Amarasinghe (21 N.L.R. 176) 

Roman Dutch Law recognises two classes of action. Rea (in rem) and personal (in personam) In the case of Court held an application made to a court in the course of and incidental to, an action is itself considered an action.

Subramaniam Chetty Vs. Soysa (25 N.L.R. 344)