Sri Lanka Consolidated Acts

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Partition (Amendment) Act (No. 17 of 1997) - Sect 26

Amendment of section 70 of the principal enactment

26. Section 70 of the principal enactment is hereby amended as follows:-
(1) by the renumbering of that section as subsection (1) thereof;-
(2) by the addition, at the end of that section, of the following new subsection :-
"(2) Any party in a partition action or any person claiming an interest in the land in respect of which such action has been instituted, may, if no steps have been taken to prosecute the action for a period of two years, apply, by way of motion to court, to have such action dismissed, and the court may dismiss the action if it is satisfied that dismissal is justified in all the circumstances of the case
(3) Where the court dismisses an action under this section, it shall cause a copy of the order of dismissal of the action to be registered at the Land Registry in the folio in which the lis pendens in the action was registered, or the continuation thereof.".


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