1. PRACTICE AND PROCEDURE OF A
PARTITION SUIT
BY
MUHAMMAD EJAZ RAZA
ADDL DISTRICT & SESSIONS JUDGE, BAHAWALPUR
(MA; LLB; LLM)
AUTHOR OF : UNDERSTANDING THE CRIMINAL TRIAL
POWERS AND JURISDICTION OF TRIAL COURT
ISLAMIC LAW AND JURISPRUDENCE
2. RELEVANT LAW
THE PUNJAB PARTITION OF
IMMOVABLE PROPERTY ACT
2012
(Act IV of 2013)
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4. FRAME OF SUIT
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Suit shall contain details of the property,
Citing all other co-owners as defendants and
Attaching all the relevant documents in his reach or
possession.
6. NON-APPEARANCE OF DEFENDANT
[Section- 5]
If a defendant wilfully avoids, it is advisable to go for alternative modes of
service before initiating exparte proceedings by–
(i) affixing a copy of the notice at his residence or
(ii) publication in the press, electronic media or any other mode. Like tickers
S A M P L E F O O T E R T E X T
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7. EXPARTE – SETTING ASIDE. (Section- 5)
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24. STAGES IN A SUIT FOR PARTITION
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1) RECEIVING OF PLAINT
2) NOTICE TO THE DEFENDANTS
3) WRITTEN STATEMENT
4) ISSUES
5) EVIDENCE BY THE PARTIES
6) PASSING OF DECREE
7) APPOINTMENT OF REFREE
8) INTERNAL AUCTION
9) OPEN AUCTION
10) PRIVATE SETTLEMENT
11) PASSING OF FINAL SHORT ORDERS
12) DECLARIGN THE PRLIMNNARY DECREE FINAL,
13) AND ISSUANCE OF INSTRUMENT OF PARTITION
14) SALE CERTIFICATE