Report No. 86
4.2. Position in India.-
In India, the legal position as to the power of sale appears to have been the same as prevailed in England before amendment of the law by the statutes passed on the subject. The Court had no power whatsoever to direct a sale of a property in a partition suit.1 The Partition Act of 1893 for the first time made it possible for the Court to direct a sale in certain circumstances, but the power conferred on the Court is a limited power, as will be evident from a detailed examination of its provisions. It is not necessary to encumber the body of the Report with details of English law. These have been given in an Appendix2 to this Report.
1. Gadahar v. Janaki Nath, AIR 1969 Cal 59 (63, 64).
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