Sri Lanka Consolidated Acts

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Partition (Amendment) Act (No. 17 of 1997) - Sect 28

Amendment of Second Schedule of the principal enactment

28. The Second Schedule to the principal enactment is Hereby amended as follows :-
(1) by the substitution, in the form prescribed under section 12 (2) entitled "FORM OF SUMMONS", for the words "postage by registered post", of the words "postage by registered post. You are also hereby required to file on or before that date (whether you are filing a statement of claim or not), a memorandum substantially in the form set out in the Second Schedule to the Partition Law, nominating in accordance with section 81 of that Law, a person to be your legal representative for the purposes of the action in the event of your death pending the final determination of the action" ;
(2) by the substitution, in the Form prescribed under section 12(2) entitled "FORM OF NOTICE", for the words "on or before the------------------, day of-------------------19------------------.", of the words "on or before the -------------------day of-----------------19.... You are hereby also required to file on or before that date (whether you are Filing a statement of claim or not) a memorandum substantially in the form setout in the Second Schedule to the Partition Law, nominating, in accordance with section 81 of that Law, a person to be your legal representative for the purposes of the action in the event of your death pending the final determination of the action";
(3) by the substitution, in the form prescribed under section 12(2) entitled "FORM OF PRECEPT TO FISCAL", for all the words, from "serve forthwith" to "executed this precept" of the following paragraph:-
(4) by the substitution, in the Form prescribed under section 16 entitled "COMMISSION FOR PRELIMINARY SURVEY", for all the words from "submit the same" to "deposited in court against your fees", of the following:-
(5) by the substitution, in the form prescribed under section 20 entitled, "FORM OF NOTICE", for the words, "requirements of section 1 9." of the following:-
(6) in the form entitled "COMMISSIONER'S RE-TURN TO COURT" prescribed under section 32-
(a) by the repeal of paragraph (vi) thereof, and the substitution therefor of the following paragraph ;-
"(vi) manner of partition, names of parties and nature and extent of their respective shares and interests, (here state the number of lots into which the land has been partitioned and the number of tots allotted together as one lot if any, and refer to Partition Plan with number and date, Schedules of Appraisement, and Summary of Distribution, and state whether there are any lots which do not conform to the requirements of any written law relating to subdivision of land for development purposes";
(b) by the insertion immediately after paragraph (vii) thereof, of the following paragraph :-
"(viii) the appraised value of any lots considered as one lot." ; and
(c) by the addition, after item 5 thereof of the following :-
"6. I certify that the said plan, is in conformity with written law relating to subdivision of land for development purposes".
(7) by the addition, at the end of that Schedule of the. following new forms :-


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