Sri Lanka Consolidated Acts

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Partition Law (No. 21 of 1977) - Sect 12

Declaration by attorney-at-law and papers to be filed with such declaration

12.
(1) After a partition action is registered as a lis pendens under the Registration of Documents Ordinance and after the return of the duplicate referred to in section 11, the plaintiff in the action shall file or cause to be filed in court a declaration under the hand of an attorney-at-law certifying that all such entries in the register maintained under that Ordinance as relate to the land constituting the subject-matter of the action have been personally inspected by that attorney-at-law after the registration of the action as a lis pendens, and containing a statement of the name of every person found upon the inspection of those entries to be a person whom the plaintiff is required by section 5 to include in the plaint as a party to the action and also, if an address of that person is registered in the aforesaid register, that address.
(2) The plaintiff in a partition action shall, together with the declaration referred to in subsection (1) of this section, file or cause to be filed in court-
(a) if the aforesaid declaration discloses any person who is not mentioned in the plaint as a party to the action but who should be made such a party under section 5, an amended plaint including therein that person as a party to the action, which amended plaint shall be deemed for all purposes to be the plaint in the action;
(b) as many summonses as there are defendants, each such summons being a summons substantially in the form set out in the Second Schedule to this Law and containing the name and address of the defendant on whom that summons is to be served;
(c) if the language of any defendant is not the language of the court, a translation of the summons in that language;
(d) as many copies of the plaint as there are defendants, with a translation thereof in the language of each defendant whose language is not the language of the court; or, with the leave of the court, where compliance with this requirement involves an expense which appears to the court excessive and unnecessary in the circumstances, a concise statement of the relevant paragraphs of the plaint relating to each defendant with translations thereof in the language of any defendant whose language is not the language of the court;
(e) one copy of the plaint certified by the registered attorney as a true copy, such copy being the copy to be attached to the commission issued? to the surveyor who is to make the preliminary survey of the land to which the action relates;
(f) as many copies of a notice substantially in the form set out in the Second Schedule to this Law as there are lands to which the action relates together with translations thereof in the language of any defendant whose language is not the language of the court;
(g) such number of copies of the aforesaid notice and of each translation thereof referred to in paragraph (f) of this subsection as would enable the transmission of one copy of such notice and one copy of each such translation to the Grama Seva Niladhari of the division or of each of the divisions in which the land or each of the lands to which the action relates is situate;
(h) a precept to the Fiscal substantially in the form set out in the Second Schedule to this Law.
(3) If the plaintiff without sufficient cause fails to comply with the provisions of the foregoing subsections of this section, the court may dismiss the action.

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