Sri Lanka Consolidated Acts

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Partition (Amendment) Act (No. 17 of 1997) - Sect 25

Amendment of section 69 of the principal enactment

25. Section 69 of the principal enactment is hereby amended as follows :-
(1) by the substitution, in paragraph (a) of subsection (1) of that section, for the words, "made a party to the action, or,", of the words, "made a party to the action, after issuing to such person, a notice, substantially in the Form set out in the Second Schedule to this Law, requiring him to make an application to be added as a party to the action on or before the date specified in the notice, and upon such person making such an application or " ;
(2) by the insertion, immediately after subsection (1) thereof, of the following new subsection ;-
"(1A) Any person who applies to be added as a party under the provisions of subsection (1) of this section, shall file, along with his application, a memorandum substantially in the Form set out in the Second Schedule to this Law nominating in accordance with the provisions of section 81, a person to be his legal representative for the purposes of the partition action in the event of his death pending the final determination of the action." ;
(3) by the substitution, in subsection (2) of that section for the words "up to the time of substitution.", of the words, "up to the time of substitution. The purchaser shall, along with his application to be substituted, file a memorandum, substantially in the form set out in the Second Schedule to this Law, nominating in accordance with the provisions of section 81, a person to be his legal representative for the purposes of the partition action in the event of his death pending the final determination of the action,";
(4) by the substitution, in subsection (3) of that section, for the words "institution of the action" of the words, "institution of the action. An intervenient under this subsection shall, with his application to intervene, file a memorandum substantially in the form set out in the Second Schedule to this Law nominating, in accordance with the provisions of section 81, a person to be his legal representative for the purposes of the partition action in the event of his death pending the final determination of the action.";
(5) by the addition immediately after subsection (3) of that section, of the following subsections :-
"(4) It shall be lawful for the court to order any person applying to be added as a party under subsection (1), to give security for costs or prepay costs if the court is of opinion that such applicant has been guilty of unreasonable delay in presenting his claim or for other good and sufficient cause.
(5) In determining the quantum of the costs to be ordered under this section, the court shall take into consideration, any delay on the part of the applicant, the stage at which the action is, any expenditure caused unreasonably to the parties and any other matter that the court may consider relevant.
(6) Where any person referred to in this section who is ordered to give security for costs or prepay costs, fails to give such security or make prepayment of costs, within the time allowed therefor by court, the court may reject his application.".


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