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SUIT FOR PARTITION
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![SUIT FOR PARTITION SEEKING A PRELIMINARY DECREE OF PARTITION IN FAVOUR OF THE PLAINTIFF AND AGAINST THE DEFENDANT BY HOLDING THAT THE SUIT PROPERTIES (ALONGWITH THE AMOUNTS AFTER PAYMENT OF ALL THE LIABILITIES) AS MENTIONED IN THE PLAINT ARE PARTITIONED BETWEEN THE PLAINTIFF AND THE DEFENDANT IN THE MANNER MENTIONED IN THE PLAINT AND / OR IN CASE THE PARTIES TO THE PRESENT SUIT ARE NOT ABLE TO PARTITION THE SUIT PROPERTIES IN THE MANNER MENTIONED IN THE PLAINT, THEN IN THAT EVENT, A LOCAL COMMISSIONER MAY BE APPOINTED WHO MAY BE DIRECTED TO SELL / AUCTION THE SUIT PROPERTIES AND THE SALE / AUCTION PROCEEDS AFTER PAYING THE ALL THE DUES & EXPENSES OF THE AUCTION, BE THEREAFTER DIVIDED IN THE MANNER MENTIONED IN THE PLAINT ALONGWITH APPLICATION UNDER ORDER 39 RULE 1 & 2 READ WITH SECTION 151 CPC FOR AD INTERIM INJUNCTION.](https://cspl.blob.core.windows.net/courtkutchehry/LegalDocuments/affidavit_sample.png)
suit for partition seeking a preliminary decree of partition in favour of the plaintiff and against the defendant by holding that the suit properties (alongwith the amounts after payment of all the liabilities) as mentioned in the plaint are partitioned between the plaintiff and the defendant in the manner mentioned in the plaint and / or in case the parties to the present suit are not able to partition the suit properties in the manner mentioned in the plaint, then in that event, a local commissioner may be appointed who may be directed to sell / auction the suit properties and the sale / auction proceeds after paying the all the dues & expenses of the auction, be thereafter divided in the manner mentioned in the plaint alongwith application under order 39 rule 1 & 2 read with section 151 cpc for ad interim injunction.
![SUIT FOR PARTITION SEEKING A PRELIMINARY DECREE OF PARTITION OF PROPERTY IN FAVOUR OF THE PLAINTIFF AND AGAINST THE DEFENDANT BY HOLDING THAT THE PLAINTIFF HAS A CERTAIN PERCENTAGE SHARE IN THE SUIT PROPERTY WITH FURTHER PRAYER TO APPOINT LOCAL COMMISSIONER WITH THE DIRECTIONS TO EXAMINE THE FEASIBILITY AND PRACTICABILITY OF PARTITION OF THE SAID JOINT PROPERTY BY METES AND BOUNDS AND IN CASE IT IS FOUND THAT THE SUIT PROPERTY CANNOT BE PARTITIONED BY METES AND BOUNDS THE SAME MAY BE ORDERED TO BE SOLD BY COURT AUCTION AND THAT THE SALE PROCEEDS BE PAID TO THE PLAINTIFF AND THE DEFENDANTS IN THE RATIO MENTIONED IN THE PLAINT.](https://cspl.blob.core.windows.net/courtkutchehry/LegalDocuments/affidavit_sample.png)