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Bengal Presidency - Section

Section 34 in Estates Partition Act, 1897

34. Power of Commissioner to strike partition case off the file. Recovery of costs. - (1) If, at any time after an order has been passed for making a partition, it appears to the Commissioner that any sufficient reason exists why the partition should not be proceeded with, he may, on the report of the Collector or otherwise, after issuing a notice calling on the persons interested to show cause why the partition case should not be struck off the file, and after considering any objections which may be made, order the partition case to be struck off the file.

(2)All costs which have not already been levied as provided in section 37 shall thereupon be levied in proportion to the shares of the respective proprietors.