AI Overview...
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Section 4 of the Partition Act - Not Maintainable
Multiple judgments consistently hold that applications under Section 4 of the Partition Act are generally not maintainable after the final decree has been passed, or when the suit for partition has been concluded. For example, courts have found that such applications are only permissible at certain stages, primarily before the final decree, and become barred thereafter Zamir Ahmad (D. ) through L. R. VS Samson Claudius - Allahabad, Most. Guljari Kuer VS Ramadhar Seth - Patna, Abdul Sathar VS A. Nawab - Madras. -
Conditions for Maintainability
The maintainability of Section 4 applications depends on specific circumstances, such as whether the application is made at an appropriate stage of the partition process, whether the property is still under partition, and whether the application is for purchase or pre-emption of a share. Courts have clarified that stranger purchasers or applications made after the final decree are typically not maintainable ANUKUL CHANDRA SADHUKHAN VS AJIT KUMAR SADHUKHAN - Calcutta, Umapati Manna VS Becharam Manna - Calcutta. -
Application for Purchase or Re-Purchase
Applications under Section 4 for purchase or re-purchase of a share can be made at any stage of the partition suit, but their maintainability is subject to the suit's progress and whether the property remains partitionable. The courts have emphasized that such applications are maintainable when filed timely and before the final decree, but not after Ramanand VS Hasim Mian - Patna, MOHIDDIN MOLLA VS JITENDRANATH KARMAKAR - Calcutta. -
Limitation and Procedure
The limitation period for filing applications under Section 4 is generally three years, but applications filed beyond this period may still be entertained if the court finds the right subsists. Additionally, procedural aspects such as amendments in partition suits do not affect the fundamental maintainability of Section 4 applications if filed at appropriate stages BIRENDRA NATH BANERJEE VS SNEHALATA DEVI - Calcutta, Purabi Chakraborty VS Rama Chakraborty - Calcutta.
Analysis and Conclusion:
The prevailing legal view is that Section 4 applications under the Partition Act are not maintainable once the partition process reaches its finality, particularly after a final decree. They are only valid when filed timely and during the pendency of the suit, primarily for purposes like purchase, re-purchase, or pre-emption of shares. Courts have consistently reaffirmed that applications made after the conclusion of the partition or final decree are generally barred, emphasizing the importance of timely and stage-appropriate filings.
Search Results for "Section 4 of Partition Act is Not Maintainable"
2004 0 Supreme(All) 1957 • India - Allahabad
N.K.MEHROTRA
4 of the Indian Partition Act was not maintainable. ... Partition Act - Application of Section 4 - [DWELLING HOUSE, INDIAN PARTITION ACT] - [Section 4] - The court discussed the conditions ... 4 of the Indian Partition Act was not maintainable as the suit was not#....
2015 0 Supreme(Pat) 1115 • India - Patna
MUNGESHWAR SAHOO
Finding of the Court: The court found that the application under Section 4 of the Partition Act was not maintainable ... Ratio Decidendi: The court held that the application under Section 4 of the Partition Act was not maintainable, as the property ... Partition Act - Application under Section 47 read with 151 C.P.C. and #H....
1980 0 Supreme(Mad) 97 • India - Madras
RATNAM
of the Partition Act was not maintainable after the passing of the final decree. ... Whether an application under Section 4 of the Partition Act can be maintained after the passing of the final decree in a partition ... PARTITION ACT, 1893 - SECTION 4 - APPLICATION FOR PURCHASE OF SHARE OF TRANSFEREE - MAINTAINABILITY AFTER FINAL DECREE - APPLICABILITY ... The l....
2003 0 Supreme(Cal) 403 • India - Calcutta
PRABIR KUMAR SAMANTA
maintainable as the stranger-purchaser had not sued for partition. ... PARTITION ACT, 1893 - SECTION 4 - TRANSFER OF PROPERTY ACT, 1882 - SECTION 44 - A co-sharer cannot maintain an application under ... Section 4 of the Indian Partition Act, 1893 in a suit for partition filed by him, unless the stranger-purchaser sues for partition#H....
2007 0 Supreme(Del) 1655 • India - Delhi
SANJAY KISHAN KAUL
Act read with Section 4 of the Partition Act — Held that the suit for injunction was not maintainable. ... Transfer of property Act, 1882 ... Section 44 - Partition Act — Section ... Pendency of the execution application — Joint character of a dwelling house no more remained intact so as to invite the provisions of Section ... Act) read with ....
1989 0 Supreme(Cal) 409 • India - Calcutta
SACHI KANTA HAZARI, AMARABHA SENGUPTA
Whether the suit for pre-emption under Section 4 of the Partition Act was maintainable when it was brought by the pre-emptor and ... The court held that the suit for pre-emption under Section 4 of the Partition Act was maintainable even when it was brought by the ... half share purchased by the defendant under Section 4 of the Partition Act. ......
1986 0 Supreme(Pat) 105 • India - Patna
ASHWINI KUMAR SINHA
PARTITION ACT - SECTION 4 - APPLICATION FOR RE-PURCHASE OF PROPERTY - MAINTAINABILITY - SECOND APPLICATION UNDER SECTION 4 AFTER ... Ratio Decidendi: An application under Section 4 of the Partition Act can be made at any stage of the partition suit, even ... not maintainable. ... The short question for consideration in the instant case is whether a similar earl....
1976 0 Supreme(Cal) 11 • India - Calcutta
R.BHATTACHARYYA
Whether the defendant's application under Section 4 of the Partition Act was maintainable? 3. ... The court held that the defendant's application under Section 4 of the Partition Act was maintainable as there was no decision on ... PARTITION ACT - SECTION 4 - DWELLING HOUSE - INTERPRETATION - APPLICATION FOR PURCHASE OF SHARE - MAINTAINABILITY ....
1966 0 Supreme(Cal) 64 • India - Calcutta
P.N.MUKHERJEE, D.BASU
An application for pre-emption under Section 4 of the Partition Act is not barred by limitation if filed beyond three years of the ... The matter was remanded to the trial court for further proceedings under Section 4 of the Partition Act. ... PARTITION ACT, 1893 - SECTION 4 - PRE-EMPTION - APPLICATION FOR PRE-EMPTION - LIMITATION - RIGHT OF PRE-EMPTION SUBSIST....
2018 0 Supreme(Cal) 979 • India - Calcutta
SABYASACHI BHATTACHARYYA
amendment - partition suit - XXXIX Rule 2A of the Code - Section 4 of the Partition Act - Order XXXIX Rule 2A of the Code Fact of the Case: The defendants filed for amendment of the plaint in a partition suit to incorporate facts pertaining to ... Issues: The issues included the maintainability of the amendment, the nature and character of the partition suit, and the ... Learned counsel for the petitioners in both the matters argue that the application for amendment....
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