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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."

The Partition Act, 1893 Back

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