Sri Lanka Consolidated Acts

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Partition Law (No. 21 of 1977) - Sect 69

Addition of parties

69.
(1) The court may at any time before judgment is delivered in a partition action add as a party to the action, on such terms as to payment or prepayment of costs as the court may order-
(a) any person who, in the opinion of the court, should be, or should have been, made a party to the action, or
(b) any person who, claiming an interest in the land, applies to be added as a party to the action.
(2) Where a person is a party to a partition action and his right, title and interest to or in the land to which the partition action relates are sold, during the pendency of the partition action, in execution of, or under any decree, order or process of any court, the purchaser of such right, title and interest at the sale shall be entitled to be substituted for that person as a party to the partition action, and such purchaser when so substituted, shall be bound by the proceedings in the partition action up to the time of the substitution.
(3) Where a party to a partition action derives his right, share or interest to, of or in the land to which the action relates under or by virtue of a revocable deed of gift made by any other person or an instrument which reserves to any other person the right to claim are-transfer of such right, share or interest as afore-said within a period specified therein, such other person shall be entitled to intervene at any time before judgment in the said action and establish the right" claimed by him as If he had been a co-owner at the time of the institution of the action.


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