Law: Civil Procedure Code (V of 1908)

Section: O.XX,r.18(2)

Law: Civil Procedure Code (V of 1908)

Section: O.XX,r.18(2)

Law: Partition Act, 1893

Section: 3,2

Partition Act (IV of 1893)-------Ss. 2 & 3---Civil Procedure Code (V of 1908), O.XX, R.18(2)---Partition suit---Scope and applicability of Ss.2 & 3, Partition Act, 1893---Preliminary decree declaring rights of parties interested in joint property---Property indivisible between share-holders as per report of Local Commission---Order of Trial Court to auction property without providing opportunity to shareholders to apply for leave to buy property---Validity---Partition decree consisted of preliminary decree and final decree---Once preliminary decree was passed, then provisions of S.2 of Partition Act, 1893 would not apply and Court would have to pass final decree and resort to provision of S.3 thereof and in case of failure of any shareholder to apply for leave to buy share, then property would be liable to be auctioned---Once property was found to be indivisible, then Court for effecting partition would have to follow procedure laid down in Partition Act, 1893 after providing opportunity to shareholders to apply for leave to buy property---Shareholder would have right to request Court for sale of property before passing decree for partition---Object of S.3 of Partition Act, 1893 was to prevent property to fall into hands of third party, if same could be done in a reasonable manner---High Court set aside impugned order in circumstances---Principles. In the present case, the parties had not disputed the report of Local Commission, which speaks of the fact that the property is indivisible. In case a property is indivisible between the shareholders, then the procedure laid down in Partition Act, 1893 for effecting partition is to be followed. The Court has to provide the shareholders an opportunity to apply for leave to buy the property. An order for valuation of shares is required under section .3 of the Partition Act, 1893 to be passed and price of shares is to be ascertained. Trial Court in the present case had proceeded to auction the property without giving necessary and proper directions. The object of section 3 of Partition Act, 1893 is to prevent the property to fall into the hands of third party, if that can be done in reasonable manner. The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492