that:
Section 4 , Partition Act, is a logical sequel of or corollary to Section 44 , T.P. Act. The latter Act denies the right ... another suit, the defendant applied to have "a partition under the Partition Act , he is correctly described as having "sued" for partition
division in partition suits.
- Whenever in any suit for partition in which, if instituted prior to the commencement of this Act. a decree for partition ... sale of the remainder under this Act. 10. Application of act to pending suits.
- This Act shall apply to suits instituted before the commencement thereof
Section 4 in The Partition Act, 1977
4. Partition suit by transferee of share in dwelling house.
- (i) Where a share of a dwelling house
Section 119 in The Estates Partition Act, 1897
119. Certain orders under this Act not liable to be contested or set aside by civil suit ... order - (a) refusing to admit an application for partition, or to carry out a partition, on any of the grounds mentioned in section
filed an
application under Section 4 of the Partition Act, 1893 (for
short 'the Act') Misc. Case No.21 of 1972 praying ... Court
the defendant filed an application under Section 4 of the
Partition Act for purchasing 1/4th share of plaintiff no.2
under the changed
Section 1 in The Partition Act, 1893
1. Title, extent and saving
(1) This Act may be called The Partition Act , 1893. (2) It extends ... Section (2) and sub-Section (3) repealed by Act 10 of 1914, Section 3 and Sch.II.] [* * *] [The word
Section 10 in The Partition Act, 1893
10. Application of Act to pending suits
.This Act shall apply to suits instituted before the commencement thereof ... which no scheme for the partition of the property has been finally approved by the Court
power of Court to direct sale in a partition suit.
20. Before the Partition Act 1868, Courts of Common Law could only direct a mere ... order for sale can be made in a partition suit only under the Partition Act or by consent and if consent is excluded, the only
Court possesses in a suit for partition a power of sale apart from the Partition Act . This decision was explained by a Bench of this ... Court to direct a sale in lieu of partition in cases not covered by the Partition Act . Nor do the provisions of Section 396, Civil
file a suit for partition, as he has done, Section 4 of the Partition Act would at once apply. The manner in
which a share ... exclude strangers in a suit for partition, In conformity with the provisions of Section 4 of the Partition Act.
15. For the reasons aforesaid, this
