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Report No. 86

8.2. Section 5.-

Section 5 deals with certain acts to be done on behalf of a person under disability in a suit for partition and provides as follows:-

"5. In any suit for partition a request for sale may be made or an undertaking, or application for leave, to buy may be given or made on behalf of any party under disability by any person authorised to act on behalf of such party in such suit, but the Court shall not be bound to comply with any such request, undertaking or application unless it is of opinion that the sale or purchase will be for the benefit of the party under such disability."

The section is analogous to the provision in the Code of Civil Procedure,1 whereunder an agreement or compromise by a next friend or guardian for the suit requires leave of the Court. The section needs no change.

1. Order 32, rule 7, Code of Civil Procedure, 1908.



The Partition Act, 1893 Back




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