Sri Lanka Consolidated Acts

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Partition Law (No. 21 of 1977) - Sect 57

Recoverable costs

57.
(1) In any partition action, the following costs shall, unless the court otherwise directs, be borne by the parties to the action in the proportion of their respective rights to the land to which the action relates:-
(a) the costs of the execution of the commission for the preliminary survey and the costs of the execution of the commission for the partition or sale of the land or for the division of the land into lots for the purpose of the sale of the land in lots, determined as here-in before provided;
(b) the costs of the execution of any commission issued to the Surveyor-General under subsection (3) of section 18;
(c) the costs of deeds and other documents produced to prove the common title:
(d) the costs of the proclamation under paragraph (b) of subsection (3) of section 15;
(e) other costs of instituting and prosecuting the action.
(2) The costs referred to in subsection ft) of this section shall be known as the "recoverable costs " and the proportionate share thereof to be borne by each of the parties shall be known as the " pro rata " costs of that party and shall be recoverable in the same action from that party by the party who has incurred the recoverable costs.


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