Section 11 of The Partition of Revenue-Paying Estates Act, 1863
It shall not be competent to the civil Court to entertain a suit, or application for the partition of an estate, except on appeal from the decision of the Collector as herein before provided, anything contained in Section 265 Act XIV of 1882 (to consolidate and amend the laws relating to the Procedure of the Courts of Civil Judicature) to the contrary notwithstanding.
Summary
- Ordinary civil courts are not allowed to accept new lawsuits or applications asking to partition an estate.
- People cannot skip the Collector and go straight to a civil judge for a partition.
- Civil courts can only get involved if they are hearing an appeal of a decision that the Collector already made.
- This restriction applies firmly, even if Section 265 of Act XIV of 1882 seems to say something different.
Practical examples
FAQ
1. Can I go directly to a regular civil court to ask for a partition?
No, a civil court is not competent to entertain a suit or application for partition directly.
2. When is the only time a civil court can hear a partition case?
It can only entertain suits on appeal from the decision of the Collector.
3. Does this rule apply even if other older laws allow civil court partitions?
Yes, this restriction applies despite anything contained in Section 265 of Act XIV of 1882.
Test yourself
Q1.Under Section 11 of The Partition of Revenue-Paying Estates Act, 1863, when is a civil Court competent to entertain a suit for the partition of an estate?
Q2.Under Section 11 of The Partition of Revenue-Paying Estates Act, 1863, what specific prior law is mentioned as not being able to override this restriction on civil Courts?
Q3.Section 11 of The Partition of Revenue-Paying Estates Act, 1863 limits civil court suits to appeals from the Collector. Based on Section 9 of the same Act, what kind of decision by the Collector would trigger such an appeal?
Q4.Under Section 11 of The Partition of Revenue-Paying Estates Act, 1863, if a person tries to submit a brand new application for partition directly in a civil Court, what is the legal outcome?