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Kadir Bacha Saheb And Ors. vs Abdul Rahiman Saheb on 23 April, 1901

2. There is clear authority of this Court in -- 'Kadir Batcha Sahib v. Abdul Rahman Sahib', 24 Mad 639 that Section 2, Partition Act, can be applied though a preliminary decree defining the share of a plaintiff and directing partition had been passed. The learned Judges pointed out that the Act can be applied until the scheme of partition has been finally approved, i.e., until a final decree has been passed. I therefore set aside the order of the learned Judge dismissing the application as not sustainable. He will restore the petition to his "file and proceed to deal with it as an application under Section 2, Partition Act. I wish to say nothing at this stage on the merits of the application. There will be no order as to costs.
Madras High Court Cites 3 - Cited by 7 - Full Document
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