( 1 ) THE short point to be decided in this application is whether in a partition suit the court can direct sale of the property apart from the provisions of the Indian INDIAN PARTITION ACT, 1893, 1893. the facts of the case may be stated briefly as follows: -

( 2 ) ON 12th September 1957, one Phatik Bhattacharyya instituted the present suit against his co-sharers, Phelu Bhattacharyya and Mritunjoy Bhattacharyya for partition of the only joint family property being premises No. 43/1, Amherst Street, Calcutta. On 11th June, 1959, Phelu Bhattacharyya died leaving respondents Nos. 1 to 4 whose names have been duly substituted in the present proceedings. On 1st of December 1956, a preliminary decree was passed declaring Phatik Chandra Bhattacahryya, Mritunjoy Bhattacharyya and heirs of Phelu Bhattacharyya as owners of 1/3rd share each. The Registrar of this Hon'ble Court was appointed the Commissioner of Partition. On 16th of May 1963, the Registrar submitted his report stating that the property could not be divided into three parts and also asked the parties to take directions from the court. On 20th June 1963, Mritunjoy Bhattacharyya died. In the same year the Registr