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Report No. 86

1.5. Conflict of decisions.-

There is hardly any other Act on the Indian statute book in regard to Which such a conflict of decisions has arisen as in regard to the Partition Act. Almost every important provision of the Act has been the subject-matter of conflicting judicial decisions. On some points (e.g. as to section 4), the conflict is so wide that one is unable to find any common ground at all.1 If, therefore, uniformity in law is one objective of the revision and reform of the law, then certainly the Partition Act appears to be an enactment eminently suitable for being taken up for revision.

1. Chapter 7, infra.

The Partition Act, 1893 Back

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