VEERASWAMI, C.J. :- The matter comes before us on a reference by Ganesan, J. The learned Judge thought that there was a conflict of decisions and therefore it should be resolved. But on the view we are inclined to take there is no conflict of decisions. The question is at what stage an application under Section 3 (1) of the Partition Act of 1893 should be made, is it before an order has been made under Section 2 or an application under Section 3 (1) could be made even thereafter, but before the sale is actually held. That is how the question has been propounded by the referring Judge.

2. On a plain reading of Sections 2 and 3, it seems to us that the right to apply under Section 3 (1) arises the moment a request has been made under Section 2. If a direction for sale of the property has been given under Sec. 2, it does not follow that an application under Section 3 (1) cannot be made thereafter. All that is necessary is that in order that an application under Section 3 (1) may be considered, the petitioner should apply to have the order under Section 2 set aside because, so long as that order stands, the application under Section 3 (1) does not call for consideration. It may