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  • 4 (1) Any person who, if this Act had not been passed, might have maintained a proceeding for partition may maintain such a proceeding against any one or more of the interested parties without serving the other or others, and a defendant in the proceeding may not object for want of parties.
  • (2) The court may order inquiries as to the nature of the property, the persons interested in it and other matters it thinks necessary or proper, with a view to an order for partition or sale being made on further consideration, but all persons who, if this Act had not been passed, would have been necessary parties to the proceeding must be served with a notice of the order.
  • (3) Persons served with notice under subsection (2)
  • (a) are bound by the proceeding as if they had been originally parties to the proceeding,
  • (b) may participate in the proceeding, and
  • (c) may apply to the court to amend the order.

1979-311-4.