23.
| (1) Every party to a partition action shall, not less than thirty days before the date of the trial of the action, file or cause to be filed in court a list of documents on which he relies to prove his right, share or interest to, of or in the land together with an abstract of the contents of such documents. No party shall, except with the leave of the court which may be granted on such terms as the court may deter-mine, be at liberty to put any document in evidence on his behalf in the action if that document is not specified in a list filed as aforesaid. Nothing in this subsection shall apply to documents produced for cross-examination or handed to a witness merely to refresh his memory. |
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| (2) Any party to a partition action who desires to inspect any document specified in the list of documents filed in court under subsection (1) of this section by any other party to the action may, by motion ex parte, obtain an order of court to that other party to produce that document at such place and within such time as may be specified in the order, for the inspection of the first-mentioned party- or of his registered attorney and to permit such party or registered attorney to take copies thereof. The party obtaining such order may himself serve or cause to be served such order on that other party. |
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| (3) Where any party to a partition action to whom an order under subsection (2) of this section is issued, fails to comply with that order in regard to any document to which that order relates, he shall not after wards be at liberty to put that document in evidence. on his behalf in the action unless he satisfies the court that he had sufficient cause for not complying with the order. |
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| (4) In this section, "documents " shall mean deeds, survey plans or other writings upon which any claim of title is based. |
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Sri Lanka Consolidated Acts