19.
| (1) On or before the date specified in the summons issued in a partition action or on or before such later date as the court may fix for the purpose-
| | (a) any defendant in the action may file or cause to be filed in court a statement of claim setting out the nature and extent of his right, share or interest to, of or in the land to which the action relates and shall, if he disputes any averment in the plaint relating to the devolution of title, file or cause to be filed in court, together with his statement of claim, a pedigree showing the devolution of title; | | |
| | (b) any party to the action whose right, share or interest to, of or in the land is mortgaged or leased by an instrument registered under the Registration of Documents Ordinance shall disclose or cause to be disclosed to the court the existence of the mortgage or lease and the name and address of the mortgagee or lessee; and | | |
| | (c) every defendant in the action shall disclose or cause to be disclosed to the court the name and address of every person, not being a party to the action, who to his knowledge has any right, share or interest to, of or in the land. | | |
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| (2)
| | (a) Where a defendant seeks to have a larger land than that sought to be partitioned by the plaintiff made the subject-matter of the action in order to obtain a decree for the partition or sale of such larger land under the provisions of this Law, his statement of claim shall include a statement of the particulars required by section 4 in respect of such larger land; and he shall comply with the requirements of section 5, as if his statement of claim were a plaint under this Law in respect of such larger land. | | |
| | (b) Where any defendant seeks to have a larger land made the subject-matter of the action as provided in paragraph (a) of this subsection, the court shall specify the party to the action by whom and the date on or before which an application for the registration of the action as a lis pendens affecting such larger land shall be filed in court, and the estimated costs of survey of such larger land as determined by court shall be deposited in court. | | |
| | (c) Where the party specified under paragraph (b) of this subsection fails to comply with the requirements of that paragraph, the court shall make order rejecting the claim to make the larger land the subject-matter of the action, unless any other party, in whose statement of claim a similar claim shall have been set up, shall comply therewith on or before the date specified in paragraph (b) or within such extended period of time that the court may, on the application of any such party, fix for the purpose. | | |
| | (d) After the action is registered as a lis pendens affecting the larger land and the estimated costs of the survey of the larger land have been deposited in court, the court shall-
| | | (i) add as parties to the action all persons disclosed in the statement of claim of the party at whose instance the larger land is being made the subject-matter of the action as being persons who ought to be included as parties to an action in respect of such larger land under section 5; and |
| (ii) proceed with the action as though it had been instituted in respect of such larger land; and for that purpose, fix a date on or before which the party specified under paragraph (b) of this subsection shall, or any other interested party may, comply with the requirements of section 12 in relation to the larger land as hereinafter modified. |
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| | (e) Where the larger land is made the subject- matter of the action, the provisions of sections 12, 13, 14 and 15 shall, mutatis mutandis, apply as if the statement of claim of the party seeking a partition or sale of the larger land were the plaint in the action; and-
| | | (i) such party shall with his declaration under section 12, in lieu of an amended statement of claim, file an amended caption including therein as parties to the action all persons not mentioned In his statement of claim, but who should be made parties to an action for the larger land under section 5, and such amended caption shall be deemed for all purposes to be the caption to his statement of claim in the action; |
| (ii) summons shall be issued on all persons added as parties under paragraph (d) of this subsection and all persons included as necessary parties under sub-paragraph (i) hereof; |
| (iii) notice of the action in respect of the larger land shall be issued on all parties to the action in the original plaint together with a copy of the statement of claim referred to above; |
| (iv) the provisions of section 20 shall apply to new claimants or parties disclosed thereafter. |
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| | (f) If the party specified by the court under paragraph (b) of this subsection or any other interested party fails or neglects to comply with the provisions of section 12, as herein before modified on or before the date specified in that paragraph, the court may make order dismissing the action in respect of the larger land. | | |
| | (g) Where the requirements of section 12 as herein before modified are complied with, the court shall order summonses and notices of action as provided in paragraph (e) of this subsection to issue and shall also order the issue of a commission for the survey of the larger land, and the provisions of sections 16, 17 and 18 shall accordingly apply in relation to such survey. | | |
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| (3)
| | (a) Every party to a partition action, not appearing by a registered attorney, shall on or before the date or later date referred to in subsection (1) of this section deliver to the Registrar a memorandum substantially in the form set out in the Second Schedule to this Law setting out an address (hereinafter referred to as the " registered address ") for the service on him of the notice under section 24 and my other legal documents required to be served on a party under the provisions of this Law, unless otherwise provided. Every party shall with such memorandum tender stamps to the value required to cover the cost of postage by registered post of the notice under section 24. | | |
| | (b) Where a party to a partition action appears by a registered attorney the address of the registered attorney contained in the proxy shall be deemed to be the registered address of such party. And such registered attorney shall on or before the date or later date referred to in subsection (1) of this section, tender to the Registrar stamps to cover the cost of postage by registered post of the notice under section 24. | | |
| | (c) The despatch by registered post to the registered address of a party of the notice under section 24 and of any other legal document required to be served on him, shall be deemed to be sufficient service. | | |
| | (d) The Registrar shall keep and maintain a list of the registered addresses furnished and an account of the stamps tendered to him under this subsection, which list and account shall be filed as part of the record of the case. | | |
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Sri Lanka Consolidated Acts