BADRI NARAIN CHOUDHARY & ORS. vs NILRATAN SARKAR

The Supreme Court held that under Section 3 read with Section 2 of the Partition Act, a request for sale by any shareholder is a prerequisite for the court to direct a sale of the property. In this case, the court found that no such request was made by the parties, thus the provisions of the Partition Act were not applicable. The court emphasized that in situations not covered by the Act, the court retains the power to partition property using equitable methods, especially when physical partition is impractical.