Sri Lanka Consolidated Acts

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Partition (Amendment) Act (No. 32 of 1987) - Sect 2

Amendment of section 16 of Law No. 21 of 1977

2. Section 16 of the Partition Law (hereinafter referred to as the" principal enactment"), is hereby amended by the addition, immediately after subsection (2) of that section, of the following new subsections:
"(3) Where the court orders the issue of a commission to a surveyor under subsection (1) of this section, it shall in addition order the issue to such surveyor of such number of copies of a notice substantially in the form set out in the Second Schedule to this Law together with the translations thereof, as the court may deem sufficient in the circumstances, to be served on any person (not being a party to the action) or his agent who at the time of the survey may prefer any claim to the land to which the action relates.
(4) The surveyor shall serve the copy of the notice referred to in subsection (3) of this section on any person (not being a party to the action) or his agent who at the time of the survey prefers any claim, by personally tendering to such person or his agent such copy together with the translation thereof in the language of such person or his agent whose language is not the language of the court.
(5) The surveyor shall obtain from the person on whom a notice is served under subsection (4) of this section an acknowledgement of the receipt of such notice by signature or thumb impression of such person or his agent and the date of such service.
(6) Where any person on whom a notice is served under subsection (4) of this section is subsequently added as a defendent to the action, the notice served on such person or his agent by the surveyor under subsection (4) of this section shall be deemed to be a summons served on such person in such action under the provisions of this Law, and no further service of summons on such person shall be necessary. ".


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