Sri Lanka Consolidated Acts

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Partition Law (No. 21 of 1977) - Sect 13

Issue of summons

13.
(1) Where the court is satisfied that a partition action has been registered as a lis pendens under the Registration of Documents Ordinance, that the estimated costs of the preliminary survey of the land to which the action relates have been deposited in court and that the plaintiff in the action has complied with the provisions of section 12, the court shall order that such summonses, translations of summonses, copies and translations of the plaint or of the concise statements, as the case may be, copies of the notice and copies of the translations of the notice as may have been filed in court under paragraphs (b), (c), (d), (f) and (g) of subsection (2) of section 12 shall be issued to the Fiscal together with the precept for service.
(2) When making an order under subsection (1) of this section, the court shall appoint a date on or before which the defendants are required to file their Statements of claims, if any, and to comply with the other requirements of the summons. The date so appointed shall be fixed with reasonable regard to the time ordinarily required for the due service of the summons and shall be a date not earlier than thirty days after the initial date fixed for the return to the commission for preliminary survey.
(3) The Registrar or any other officer of the court shall insert the date appointed by the court under subsection (2) of this section in such summonses, translations of summonses, copies of the notice and copies of translations of the notice as are filed in court under subsection (2) of section 12 and shall sign them and the precept to the Fiscal.
(4) If the language of any defendant is not the language of the court there shall be attached to the summons issued for service on that defendant a translation of the summons and a translation of the plaint or concise statement, as the case may be, in the language of that defendant.


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