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Report No. 86

5.11. Need for reforms for various reasons.-

This wide disparity1 in judicial opinion leads to uncertainty. It has arisen primarily because there has been felt a desire to do substantial justice, but the language of section 2 comes in the way, so that Courts not inclined to stretch the language take a narrow view, while others take a wide view. The present narrow scope of section 2 causes hardship in several cases. Where persons holding a moiety do not make the required application under the section, the Court becomes helpless in the matter. This helplessness has driven some of the High Courts to seeking a power to order sale outside the four corners of the Act, while other High Courts regard themselves as bound by the provisions of the Act.

1. Paras. 5.5 to 5.10, supra.

The Partition Act, 1893 Back

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