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Report No. 86

6.13. Difficulty caused by narrower view.-

In fact, it is the narrower view that might cause a difficulty. The difficulty is illustrated in an earlier Calcutta case.1 It was pointed out in that case that if a plaintiff contests the title of the defendants or of some of them, then, until the question of title is decided in the preliminary decree, the defendant cannot avail himself of the right given by section 3, even though the plaintiff himself might have suggested a sale of the property.

1. Manik 1111 v. Pulin Behari, AIR 1950 Cal 431 (433), para. 16 (R.P. Mookerjee, J.).

The Partition Act, 1893 Back

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