property is put to auction in a suit for
partition, the provisions of the Partition Act , indisputably, shall apply. It was
further held that Section ... 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
well founded.
14. This Court, under Section 2 of the Partition Act, is
empowered to direct sale of the property and resultant distribution of
proceeds ... shareholders. Section 2 of the Partition Act, 1893
reads as follows:-
"2. Power to Court to order sale instead of division in
partition suits
property is put to auction in a suit for partition, the
provisions of the Partition Act , indisputably, shall apply. It was further held
that Section ... 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
terminated by an effective
final decree of partition. An application under section 4 of the partition act,
can only be made in a pending partition ... decree for partition.
9. On the analogy of the principle that the right of pre-emption under section
4 of the Partition Act is exercisable
Section 151 C.P.C. read with Section 3 of the
partition Act, 1893 for conducting auction of the suit
schedule-A property among ... follow
the provisions of the Partition Act, 1893 . Subsequently,
the trial Court passed order on 24.08.2018, which reads as
under:-
"As per orders passed
section 151 CPC read with sections 3 and 4 of the Partition
Act for considering their applications I.A.23 and 24. Given
the brief ... direction to
proceed in accordance with the provisions of the Partition
Act . Then the respondents filed an application under
section 3 of the Partition Act
rejected the application of petitioner filed under Section
4 of the Partition Act, 1893 read with Section 44 of the Transfer of
Property Act ... instituted a suit for partition. Therefore, petitioner has got valid
right under section 4 of the partition Act, 1893 read with Section
application filed by the Plaintiff-Petitioner
under Section 4 of the Partition Act, 1893 to exercise the right of
preemption, has been rejected ... Defendant No.1 purchased by them under Section 4 of the Partition
Act. She also prayed for certain other reliefs, consequential as well
as alternative
some
shortcoming in the position of the partition law prevailing
before the passing of the Partition Act by entitling the sale
of the joint property ... order of sale in a partition suit passed under
Section 8 of the Partition Act is an instrument of Partition
under Section
some shortcoming in the position of the
partition law prevailing before the passing of the
Partition Act by entitling the sale of the joint
property ... order of sale in a partition suit passed under
Section 8 of the Partition Act is an instrument of Partition
under Section
