Section 4 in The Partition Act, 1893
4. Partition suit by transferee of share in dwelling-house
(1) Where a share of a dwelling-house ... member of such family and such transferee sues for partition, the Court shall, if any member of the family being a shareholder shall undertake
Court to order sale instead of division in partition suits
.Whenever in any suit for partition in which, if instituted prior to the commencement ... partition might have been made, it appears to the Court that, by reason of the nature of the property to which the suit relates
have the effect of disposing of
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the suit. The suit continues to be pending until partition, that is division
by metes and bounds, takes ... filing of suit to the
stage of getting relief. In money suits and other suits requiring a single
decree, the process of suit should
been impleaded in
the suit for partition although her property was included in
the partition suit between the two brothers i.e. plaintiff
Kuppuswami-respondent ... include
her property for partition in the partition suit which had
been instituted by an altogether different branch of the
family who had separated more
Preliminary decree in partition suit-Death of some parties-
Redistribution of shares-No fresh preliminary decree drawn
up-Appeal without copy of preliminary decree ... mother in partition
suit-Right, whether absolute or limited.
Will-Circumstances showing genuineness of.
HEADNOTE:
The appellant filed a suit for partition against his father
time from which period of limitation
begin for such suit. Therefore, when a suit for partition is
filed by one co-bhumidhar against ... such
suit against other co-bhumidhar/s. Thus, when no period of
limitation is fixed for filing a suit for partition by co-
bhumidhar against
appeals, the final decree which has been drawn up in a
partition suit with respect to item No.6 of Schedule ‘B’ pertaining to land ... parties to the partition suit. It was also
held that whatever their vendors would get in the suit for partition, to
that extent they would
that effect before the learned Judge below -- that the suit is primarily a suit for partition. The relief with regard to the cancellation ... learned Judge dismissing the suit will be set aside. The Court will try the suit for partition of movables and also of the immovable property
file a suit for partition. The
words transferee sues for partition are wider than the words
transferee filing a suit for partition . The latter
phraseology ... suit remains pending, or, in
other words, so long as the suit
has not been concluded or
terminated by an effective final
decree for partition
Jayaram and Munisami, mentioned above, were impleaded as codefendants in a partition suit, in Vellore, Madras, now before us in appeal, commenced by a pauper ... suit for partition. This charge could be enforced by the State notwithstanding the pendency of the partition suit. No decree in the Partition suit could
