Procedure to be followed in case of sales
Section 7 of the Partition Act, 1893 deals with procedure to be followed in case of sales. Save as hereinbefore provided, when any property is directed to be sold under this Act, the following procedure shall, as far as practicable, be adopted, namely:-- (a) if the property be sold under a decree or order of the High Court of Calcutta, Madras or Bombay, in the exercise of its original jur The Act came into force on 09 Mar 1893.
Save as hereinbefore provided, when any property is directed to be sold under this Act, the following procedure shall, as far as practicable, be adopted, namely:--
(a) if the property be sold under a decree or order of the High Court of Calcutta, Madras or Bombay, in the exercise of its original jurisdiction, 1*** the procedure of such court in its original civil jurisdiction for the sale of property by the Registrar;
(b) if the property be sold under a decree or order of any other court, such procedure as the High Court may from time to time by rules prescribe in this behalf, and until such rules-art made the procedure prescribed in the Code of Civil Procedure in respect of sales in execution of decrees.
Section 7, The Partition Act, 1893 (Act 4 of 1893).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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T.P. Joseph v. Ronald T. Dennison & Ors.
Court's Decision & Legal Precedent
DATE VERIFIED Final Order 2020-10-07 (order-1.pdf; body 'WEDNESDAY, THE 07TH DAY OF OCTOBER 2020' matches index): Common judgment disposing OP(C) 3072/2019 (Joseph) and OP(C) 3280/2019 (Dennison). Trial court ordered auction sale of partition-suit property among only two sharers and confirmed sale. Held: (1) Partition Act sale on request requires a proper s.2 application from a moiety-or-upwards shareholder; (2) s.3 leave-to-buy applications are premature/incompetent without a live s.2 sale request; (3) sale via inherent power (CPC s.151) — not merely Rule 234 procedure — needs a recorded finding that division by metes and bounds is inequitable/impracticable; (4) auction confined to two sharers excluding others, and without that finding, is incompetent and void. Exhibits P15/P16 orders and consequential auction set aside; FDA to be reheard as per law. OP(C) 3072 allowed; companion petition disposed.
On this section: Fills empty s.7 (procedure to be followed in case of sales): teaches when a court may (and may not) order/conduct a partition sale — s.2 gate, s.3 prematurity, Rule 234 as procedure only, and the necessary impossibility-of-division finding before inherent-power sale.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 7
What have the courts held on Section 7 of the Partition Act?
T.P. Joseph v. Ronald T. Dennison & Ors. (07 Oct 2020) is the leading judgment on this section among those set out below: Fills empty s.7 (procedure to be followed in case of sales): teaches when a court may (and may not) order/conduct a partition sale — s.2 gate, s.3 prematurity, Rule 234 as procedure only, and the necessary impossibility-of-division finding before inherent-power sale.
How do I find court cases under Section 7 of the Partition Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Partition Act 1893 7, section 7 Partition Act 1893, section 7 of the Partition Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with T.P. Joseph v. Ronald T. Dennison & Ors. (07 Oct 2020).
When did Section 7 of the Partition Act come into force?
Section 7 of the Partition Act, cited as Partition Act 1893 7, came into force on 09 Mar 1893, having been enacted on 09 Mar 1893. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Procedure when sharer undertakes to buy170 words
- 6. Reserved bidding and bidding by shareholders131 words
- 2. Power to court to order sale instead of division in partition suits128 words
- 4. Partition suit by transferee of share in dwelling-house127 words
- 5. Representation of parties under disability84 words
- 1. Title, extent and saving45 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 20 Oct 2026. This page is not a substitute for legal advice.