Law: Pakistan Penal Code, 1860

Section: 2,3,6(2),7

Law: Civil Procedure Code (V of 1908)

Section: O.XXI,Rr.66,72

Partition Act (IV of 1893)--------- ----------Ss. 2, 3, 6 (2) & 7----------Civil Procedure Code (V of 1908), O. XXI, Rr.66 & 72---------Power of court to order sale instead of division in partition suits---------Co-sharers undertake to buy---------Procedure---------Reserved bidding and bidding by shareholders---------Procedure to be followed in cases of sale---------Execution of decree---------Special law to prevail over general law---------Maxim:---------Generalia specialibus non derogant (general things do not derogate from special things)---------Applicability---------Defendants challenged the order passed by the Trial Court whereby the court, dismissing the defendants' objections to the report of the Local Commission regarding market value/reserve price of the suit property and appointed the auctioneer for auction of the properties---------Defendants sought permission to participate in the open auction of the suit properties by submitting their bids---------Permissibility---------Reading of Ss.2 & 6(2) of Partition Act, 1893 showed that no prohibition against the co-sharers existed from bidding for the properties to be auctioned/sold---------In case of sale of property under Partition Act, 1893, primarily the procedure prescribed by C.P.C. had to be followed---------Auction/sale in partition suit was to be conducted according to provisions of O.XXI, R.66, C.P.C:---------Order XXI, R.72. C.P.C. would also be applicable to the sale of property through auction in pursuance of preliminary decree passed in suit for partition of joint property under provisions of Partition Act, 1893---------Section 7 of Partition Act, 1893 required that in case of sale of property under the Act, the procedure prescribed in the C.P.C. was to be followed as far as practicable---------Suit for partition had distinct features, in which every co-sharer, whether included as plaintiffs or defendants, stood in the position of a plaintiff--------- Preliminary decree for partition of the property having been passed under the provisions of Partition Act, 1893, all the co-owners of the property, both plaintiffs and defendants, attained the status of decree holders---------Under…

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