8 in The Partition Act, 1893
8. Orders for sale to be deemed decrees
.Any order for sale made by the Court under sections
Partition Act did remedy some
shortcoming in the position of the partition law prevailing before the passing of the
Partition Act by entitling the sale ... 8 of the Partition Act existing in this Act is the main
reason for reference to this Full Bench.
5(i). The Partition Act
Partition Act is a Section which is a
successor Section to the earlier Sections 2 to 7 of the Partition Act and
which earlier sections ... sale of a property of which partition is sought.
Therefore, the successor Section 8 of the Partition Act, provides that
an order of sale when
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Bombay Tenancy and
behalf of the respondents. It has been argued that under Section 8 , Partition Act, an appeal lies from an order for sale made ... order for sale and that order was appealable under Section 8 , Partition Act. The original order being open to appeal any order passed
this connexion the learned advocate drew our attention to Section 8, Partition Act which provides that any order for sale made by the Court under ... Hughly made under Section 4 , Partition Act (IV of 1893) in the course of a suit for partition. Under Section 8 of the Act, such
under Sec. 8 of
the Act of 1933 is held to be limited, by virtue of Sec. 14 of
the Hindu Succession Act, the said ... provisions of the Act.
Section 3(d) of the Act deals with women's full estate. Section
4 of the Act defines the order
within the express contemplation of Section 8 and 9 of the Act.
9. Section 8 reads as under
"8 No person ... Section 8 of the present Act.
13. These clear considerations lead to following statutory statement under Section 8 viz-
(1) The prohibition under Section 8
made under Section 4 (1) of the Partition Act. The section of that Act which provides for an appeal is Section 8 ... order dismissing an application under Section 4 CO of the Partition Act is appealable under Section 8 of the Act. Once I come
Section 3 , Partition Act. The Court below held that as there had already been an order under Section 2 , Partition Act, the application under Section ... scope of Section 3 , Partition Act.
15. The view as to the scope of Section 3 , Partition Act which we have taken is justified