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PARTITION ACT 1876 - SECT 3

Power to dispense with service of notice of decree or order in special cases.

3. Where in an action for partition it appears to the court that notice of the
judgment on the hearing of the cause cannot be served on all the persons on
whom that notice is by the Partition Act, 1868, required to be served, or
cannot be so served without expense disproportionate to the value of the
property to which the action relates, the court may, if it thinks fit, on the
request of any of the parties interested in the property, and notwithstanding
the dissent or disability of any others of them, by order, dispense with that
service on any person or class of persons specified in the order, and, instead
thereof, may direct advertisements to be published at such times and in such
manner as the court shall think fit, calling upon all persons claiming to be
interested in such property who have not been so served to come in and
establish their respective claims in respect thereof before the Judge in
Chambers within a time to be thereby limited. After the expiration of the time
so limited all persons who shall not have so come in and established such
claims, whether they are within or without the jurisdiction of the court
(including persons under any disability), shall be bound by the proceedings in
the action as if on the day of the date of the order dispensing with service
they had been served with notice of the judgement, service whereof is
dispensed with; and thereupon the powers of the court under the Trustee Act,
1850, shall extend to their interests in the property to which the action
relates as if they had been parties to the action; and the court may
thereupon, if it shall think fit, direct a sale of the property and give all
necessary or proper consequential directions.

© 1876 Crown Copyright

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