Sri Lanka Consolidated Acts

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Partition Law (No. 21 of 1977) - Sect 62

Security for costs for unreasonable delay

62.
(1) It shall be lawful for the court at any stage of a partition action to order any party to give security for costs if the court is of opinion that the party has been guilty of unreasonable delay in presenting or prosecuting his claim, or for other good and sufficient cause.
(2) Where any party to a partition action who is ordered under subsection (1) of this section to give security for costs fails to give such security within the time allowed therefor by the court, then-
(a) where that party is the plaintiff, the court may dismiss the action or may permit any defendant to prosecute the action and may substitute him as plaintiff for that purpose, and may make an order for costs against the plaintiff: or
(b) where that party is a defendant, the court may reject so much of his claim as is in dispute.
(3) Where the trial of a partition action is postponed or adjourned In consequence of such delay on the part of a party to the action as is referred to in subsection (1) of this section, the court may order that any costs payable by that party because of the postponement or adjournment shall be pre-paid.
(4) If any party ordered to pre-pay costs under subsection (3) of this section fails to make such prepayment of costs, the court may make any of the orders referred to in subsection (2) of this section as it may deem fit, according as the party in default is a plaintiff or defendant.


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