In partition suits only those parties are joined, who already had established their right of ownership in the property.

 PLD 2022 Lahore 766

Partition suits are different in nature, than the other civil suits. In partition suits only those parties are joined, who already had established their right of ownership in the property. They have certain different shares in the property. The main purpose of partition suit is to settle down the certain part/share of each sharer, according to their entitlement. So, the responsibility of court is to see, that nobody/share-holder be deprived in any way from his/her legal right. According to the Partition Act 1893, the court was empowered to appoint local commission to ascertain certain facts. This local commission was to be appointed U/O 26 Rule 1 CPC

The court ascertains the power, jurisdiction and specific task of the local commission and it was purely discretion of the Court. The local commission, if submits that the property is partitionable, then it proposes the mode of the partition, the parties have right to file their objections, if not suits them, then the court has to decide these objections. If the commission submits, that the property is not partitionable, then the same was put to auction under the rules. The amended Punjab Partition of Immovable Property Act, 2012, also proposes, internal auction and external auction as required under section 10 & 11of said Act.

In case of partitionable property, the court is bound to see that the proposed shares are equal in all respect.(i) that the valuation of the property is equal of each sharer, accordingly to his/her share.(ii) Right of easement are equally available to all sharers.(iii) All sharers have the equal opportunity to utilize theirs shares. (iv) The future aspect of each sharer is equal in all respect.

If the sharers, want to make improvement on their respective share it will neither affect the other sharers, nor there should be any hurdle or difficulty for any of the sharer. If objections are filed by the sharers, the court must settle these objections keeping in view the wisdom maintained in the Partition Act. The main purpose is to permanently settle the share of each sharer according to their entitlement. These proceedings should be processed speedily. The discretion of the court has been minimized in the amended Partition Act 2012, with the inclusion of the amendment regarding the appointment of referee. This suit for partition was filed under the Partition Act 1893 and commission was also appointed under the provision of said Act. Second local commission was also appointed before the enactment of the provision of referee in Partition Act 2012. So, the order of the court for the appointment of commission on 2nd time was valid and legal.