what Section 4 of the Act purports to do. Section 4
of the Act provides as under :-
"4. Partition suit by transferee
of share ... partition are wider than the words
transferee filing a suit for partition . The latter
phraseology is conspicuously absent in the section. The
Partition Act does
respect of a suit for
partition of joint property in which the provisions of the
Partition Act have been invoked or are sought ... nature and
incidents of a Partition suit and the consequences which
ensue once the provisions of the Partition Act are invoked
or sought
partition. He submitted that in any suit
for partition, whether filed by the outsider or by a member of the family,
there would be partition ... decree-holder seeks execution of the partition decree can still be
subjected to Section 4 to the Partition Act proceedings, then the said view
would
application made by the petitioners under Section 4 of the Partition Act of 1893. The petitioners were two of the defendants in a suit ... petitioners applied to the Court, under Section 4 of the Partition Act of 1893, for an order that the share of the dwelling house, purchased
Civil Procedure, 1908.‖
3.(i) What is „partition‟ is not defined either in the Partition Act or in the Stamp
Act or in the Code ... partition‟ had a different meaning than the meaning of the expression „partition‟ under
the Mitakshara School of Law. Under the Dayabhaga Law partition meant partition
remove
the Commissioner of Partition at this stage. Mr.
Ranajit Mitra is appointed Joint Commissioner of
Partition to act with the Commissioner of Partition
jointly ... property is put to auction in a suit for partition, the provisions
of the Partition Act , indisputably, shall apply.
Section 2 of the Partition Act
they had not brought the suit for partition. The learned Judges observed:
Section 4 , Partition Act, is a logical sequel of or corollary to Section ... course of another suit, the defendant applied to have a partition under the Partition Act , is correctly regarded as having 'sued' for partition
below has rejected the appellant's prayer under Section 4 , Partition Act, to buy up the plaintiff's share in the dwelling house ... brought for partition of the house.
14. The Courts have not hesitated to put a-liberal construction upon the Partition Act and to interpret
14th December 1925 and filed an application under Section 4 , Partition Act (Act 4 of 1893) praying to be permitted to purchase the shares ... Section 4 , Partition Act, is a logical sequel of or corollary to Section 44 , T.P. Act. The latter Act denies the right of joint
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
