1. The petitioner is the 2nd defendant in a suit for partition. A preliminary decree was passed, and item No. 13, a building, was ordered to be sold. The Commissioner appointed for the purpose sold it on 2-3-80 to the petitioner, who was the highest bidder. He deposited 25% of the price on the same day, and the balance was to be deposited within 15 days. Before the expiry of the 15-day period, on 13-3-80, he applied to the court for extension of the time for payment. The court took the view that the matter was governed by 0.21 R.85 CPC. and that it had no jurisdiction to extend time. The application was dismissed, and the 2nd defendant is now challenging that dismissal.

2. The Memorandum of Revision proceeds on the basis that the sale was by public auction; but the order impugned states that the sale was among the sharers only. Both the parties were however agreed before the court below that the sale was under the Partition Act, 1893.

3. S.2 of the Partition Act seems to contemplate a public sale, and not one limited to the sharers. Again, the sale under S.2 could only be on the request of persons interested in at least a moiety of the shares. It is not clear whether there was a request of the above kind; if there was not, the sale was probably not under the Act.

4. If the provisions of the Partition Act are not attracted, the question whether the court below had jurisdiction or not to extend time as prayed for, will have to be determined solely with reference to the Civil Procedure Code and the Civil Rules of Practice. S.122 of the Code empowers a High Court to make rules regulating the procedure in civil courts, and this includes a power to "annul, alter or add to all or any of the rules in the first Schedule". The Civil Rules of Practice are framed under S.122 of the Code, the Court-Fees and Suits valuation Act and "all other powers thereunto enabling". R.228 to 238 in Part C of Chapter VI of the Civil Rules of Practice deal with "Partition Suits", and Chapter VI itself provides for "special procedure in particular cases" R.228 deals with parties to a partition suit, R.229 with the requirements of the plaint and R.230 with matters to be determined at the hearing of the suit. An account of outstanding debts and liabilities is to be taken under R.231 if the court finds it necessary; and R.232 provides for an interim decree. R.233 stipulates that certain debts and liabilities have to be provided for or discharged

"before any order or decree is made for the division or distribution of the joint property." Then comes R.234, reading as follows:

"Order for sale. (1) When it is ordered in a partition suit that any property may be sold and proceeds divided, persons other than the co-owners shall not be permitted to bid in the sale, unless it appears to the Court that it is just and expedient to order otherwise.

(2) The sale when the bid is not open to strangers shall be held in open court on a day to which the case is adjourned for the purpose. The highest bid shall be accepted and the sale confirmed at once unless the sale is adjourned to some other date.

(3) The co-sharer purchasing at the sale shall not ordinarily be obliged, to deposit the sale price in Court at once and the amount may be debited against him in the final adjustment of accounts in the case if the value of his share in the entire assets will be sufficient to cover the sale price. The Court shall record in the proceedings the date and time of sale, the amounts of the several bids the name of the purchaser and whether the sale price has been deposited or allowed to be retained for future adjustment. The property so purchased shall be allotted in the final decree to the share of the purchaser at the value of the bid confirmed and accepted by the Court.

(4) If any such purchaser on being so ordered, fails to deposit the sale price within the time allowed by the Court, the property shall be resold at his risk and the loss, if any resulting from the resale togethe