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1904 DIGILAW 108 (ALL)

Muhammad Husain Khan v. Kallu

1904-06-22

AIKMAN, KNOX

body1904
JUDGMENT : Knox, J.:— The Court acting under section 4 of the Partition Act of 1893 order the respondents to pay in the sum of Rs. 33-9-3 within one month as the price of the share which the appellant wished to partition. Under sub-section 1 of section. 4, when the Court has made the valuation of the share and directed the sale thereof, it may give all necessary and proper direction in that behalf. 2. The question which we have to consider is whether it is open to a Court which has fixed a time within which the price of a share of the property which is to be partitioned is to be paid to afterwards extend that time. This question, so far as we know, is not covered by any authority. Looking at the desirability of avoiding partition of such property as is referred to in section 4. we are not prepared to say that it is beyond the power of a Court on good cause shown, to extend the period within which payment is to be made. This is the only point in appeal. We dismiss the appeal, but under the circumstances we make no order as to costs.