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Report No. 86

3.9. Order 21, rule 88, C.P.C.-

The same principle of giving preference to a co-sharer underlies the provision in Order 21, rule 88 of the Code of Civil Procedure, 1908. It provides that where property sold in execution of a decree is a share of an undivided immovable property, and two or more persons, of whom one is a co-sharer, respectively bid the same sum for such property or for any lot, the bid shall be deemed to be the bid of the co-sharers.1 The object of this rule is to enable the co-sharers in an undivided immovable property to keep out strangers, if the co-sharers so desire.2 In substance, the rule has the effect of giving the bidding co-sharer a right to pre-empt the share, if the other conditions given in the rule and satisfied. The rule thus safeguards the rights of co-sharers in undivided immovable property.3

1. Order 21, rule 88, Code of Civil Procedure, 1908.

2. Dambar Singh v. Moroni Lal, AIR 1914 All 426 (427).

3. Cf. Munna Lal v. Gopi Lal, AIR 1940 Nag 337 (339).

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