Report No. 86
5.21. Section 2 to be revised.-
In the light of the above discussion, we recommend that section 2 should be revised as under:-
Revised section 2
"(2. Power to Court to order sale instead of division in partition suits.- Whenever in any suit for partition in which the Court is entitled to pass a decree for partition, it appears to the Court that-
(a) by reason of the nature of the property to which the suit relates, or of the number of the share-holders therein or of any other special circumstance, a division of the property cannot reasonably or conveniently be made, and
(b) a sale of the property and distribution of the proceeds would be more beneficial for all the shareholders, the Court
(i) shall, on the request of any such shareholder, direct a sale of the property and a distribution of the proceeds;
(ii) may, even if no such request has been made, if it thinks it in the interests of justice, for reasons to be recorded, direct such sale and distribution."
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