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Report No. 86

2.7. View of the High Court of Calcutta.-

The High Court of Calcutta also did not approve of the drastic provisions in the Bill. In its opinion those provisions might lead to great abuse and multiply a class of cases already too numerous. It made a further suggestion that where a partition could not be practically made, the Court should have a power to compel the plaintiff to allow himself to be bought out, and that when a share in an estate has been, or is about to be, sold by private sale to a stranger, the other co-sharers should have a right of preemption in the whole or such portion of the estate as the Court may think reasonable. This suggestion of the Calcutta High Court seems to have been the genesis of the provision in present section 4.

The Partition Act, 1893 Back

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