24. Section 67 of the principal enactment is hereby amended as follows :-
| (1) by the re-numbering of that section as subsection (1) thereof ; |
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| (2) in the renumbered subsection (1) of that section, by the substitution-
| | (a) for the words "An appeal shall lie to", of the words" Subject to the provisions of sections 36A and 45A, an appeal shall lie to" ; and | | |
| | (b) for the words "Civil Procedure Code shall apply", of the words "Civil Procedure Code shall, subject to the succeeding provisions of this section, apply"; and | | |
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| (3) by the addition immediately after subsection (1) thereof, of the following new subsections :-
| | "(2) Where an appeal has been preferred against any judgment, decree or order, made or entered in any court in a partition action, the court shall forward to the Court of Appeal, all papers and proceedings relevant to the judgment, decree or order appealed against, retaining a copy of the judgment, decree or order appealed against and the duplicate of the plan and report transmitted to court under section 32. | | |
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| (3) Where an appeal has been preferred against any judgment, decree or order made or entered by any court in any partition action, such court may, on application made by way of petition and affidavit in that behalf, make such orders, pending the determination of the appeal, as may be necessary to prevent any waste, or damage to the land in respect of which such action was instituted. Any such Order may be given effect to in the manner provided for in section 53.". |
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Sri Lanka Consolidated Acts