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Report No. 86

8.9. Section 7 and appeals against orders passed in the course of sale.-

Under section 7(b), the procedure for a sale under the Act is (subject to rules made by the High Court) the same as is prescribed in the Code of Civil Procedure in respect of sales in the execution of decrees. From this, certain important consequences follow. For example, objections to the sale would have to be dealt with under Order 21, rule 89, et seq., Code of Civil Procedure, 1908. Now, the question may arise whether an order dismissing an objection to a sale held under the Act is appealable under Order 43, rule 1(j) of the Code of Civil Procedure, 1908 which allows an appeal against "an order under rule 72 or rule 92 of Order XXI, setting aside or refusing to set aside a sale".

The Partition Act, 1893 Back

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