3. Amendment of section 16 of the principal enactment

Official English translation. Where it differs from the Sinhala or Tamil text, the Act itself says which text prevails.

Section 16 of the principal enactment is hereby amended by the repeal of subsection (2) thereof, and the substitution therefor of the following subsection:-

“(2) (a) The commission issued to a surveyor under subsection (1) of this section shall be substantially in the form set out in the Second

Schedule and shall have attached thereto a copy of the plaint certified as a true copy by the registered attorney for the plaintiff.

(b)

The court may, upon transmit to it under section 18 the plan prepared by the surveyor in the execution of the commission issued under subsection (1), order to issue a further commission, on its own motion or at the instance of any party to the action, authorizing-

(i)

the surveyor referred to in subsection (1)

or any other surveyor whose name is specified in the list of surveyors referred to in section 73, to survey any larger or smaller portion of the land that was surveyed under the commission issued under subsection (1); or

(ii)

any surveyor other than the surveyor referred to in subsection (1) and whose name is specified in the list of surveyors referred to in section 73, to resurvey the land that was surveyed under the commission issued under subsection (1), and the court may also direct the surveyor who executes the further commission to superimpose the plan prepared under the further commission on the plan prepared in the execution of the commission issued under subsection (1) or to carry out any other similar matter necessary for the adjudication of the action.

(c)

In the execution of the further commission referred to in paragraph (b), the provisions of paragraph (a) of this subsection, the provisions of subsections (1), (3), (4), (5) and (6) of this section and the provisions of sections 17 and 18 shall mutatis mutandis, apply in respect thereof.”.

Read on from s 4