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Report No. 86

5.15. Hardships revealed in practical working.-

There is, no doubt, some force in this reasoning.1 But the practical working of the Act has brought out serious hardships resulting from a strict application of its provisions. Lethargy or indifference on the part of parties interested in a moiety (or want of agreement amongst them) is, as the law now stands, enough to take the case outside the scope of the Act and to render the Court helpless as stated above. There is, therefore, sufficient justification for widening the scope of section 2 in this respect.

1. Para. 5.14, supra.

The Partition Act, 1893 Back

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