CR No. 4163 of 2009 1 In the High Court of Punjab and Haryana, Chandigarh. CR No. 4163 of 2009 (O&M) Date of Decision: 29.07.2010 Anuranjan Singh ....Petitioner Versus M/s. P.K. Associates ....Respondents. Coram:- Hon'ble Mr. Justice Alok Singh 1.Whether reporters of local news papers may be allowed to see judgement ? 2. To be referred to reporters or not ? 3. Whether the judgement should be reported in the Digest ? Present: Mr. Rajesh Garg, Advocate for the petitioner. ... Alok Singh, J.(Oral) Suit for partition was filed by the plaintiff – respondent No.1 herein in which the petitioner – defendant moved an application under Section 4 of the Partition Act, 1893 (hereinafter referred to as the Act), showing his willingness to purchase the share of the plaintiff on the ground that property sought to be partitioned is dwelling house and the plaintiff is outsider and is not a member of the family. Said partition suit was dismissed for non-prosecution on 5.3.2009. Defendant-petitioner has invoked jurisdiction of this Court under Article 227 of the Constitution of India on the ground that even if suit for partition is dismissed, application CR No. 4163 of 2009 2 moved by the defendant – petitioner under section 4 of the Act ought to have been proceeded with and decided on merits. Section 4 of the Act reads as under: - “Partition suit by transferee of share in dwelling house.- (1) where a share of a dwelling house belonging to an undivided family has been transferred to a person who is not a member of such family and such transferee sues for partition, the Court shall, if any member of the family being a share-holder shall undertake to buy the share of such transferee, make a valuation of such share in such manner as it thinks fit and direct the sale of such share to such shareholder, and may give all necessary and proper directions in that behalf. (2)If in any case described in sub-section(1) two or more members of the family being such shareholders severally undertake to buy such share, the Court shall follow the procedure prescribed by sub-section (2) of the last foregoing section.” In the opinion of this Court, if a suit for partition is filed by the stranger/purchaser for the partition of the dwelling house, then member of the family having share in the dwelling house, may apply to the Court to purchase the share of the plaintiff/purchaser. In the opinion of this Court, if the purchaser ranked outsider of the family does not wish to partition the property, then right under Section 4 of the Act cannot be invoked by another shareholder of the dwelling house. Suit filed by the plaintiff has already been dismissed and was never restored. In the circumstances, it seems that plaintiff is not demanding any partition in the dwelling house. In view of CR No. 4163 of 2009 3 this, this Court is not inclined to interfere with the impugned order. However, if plaintiff seeks partition then of course, petitioner and other family members shall be at liberty to invoke Section 4 of the Partition Act. Petition is dismissed. However, liberty is granted to the petitioner that if fresh suit is filed by the plaintiff, then the petitioner shall be at liberty to invoke Section 4 of the Act. ( Alok Singh ) Judge 29.07.2010 sk.