section 38
Apportionment of cost of partition
The Estates Partition Act, 1897Chapter 5 Chapter 5
The cost of making a partition shall be apportioned on the proprietors of the several shares in proportion to their shares: Provided that whenever it appears to the Collector that any partition proceedings have been unnecessarily delayed and the cost of the partition enhanced, by obstacles vexatiously put in the way of the completion of the proceedings by one or more of the proprietors, or by want of due diligence on the part of one or more of the proprietors in carrying out any requisition made upon him or them, the Collector may direct that such portion of the cost as he may think proper, in excess of the amount proportionate to the share or shares of such proprietor or proprietors, shall be paid by him or them.
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