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In This Volume

  • 5 (1) If in a proceeding for partition it appears to the court that a copy of an order under section 4 cannot be served on the interested parties, or cannot be served without expense disproportionate to the value of the property involved, the court may, if it thinks fit, on the request of any of the interested parties and despite the dissent or disability of any of them
  • (a) dispense with service on any person or class of persons specified in the order, and
  • (b) order that notice of the order be published at the times and in the manner the court thinks fit, calling on all persons interested in the property who have not been served to apply to establish their claims before the court within a period specified in the order.
  • (2) After the period specified in an order under subsection (1),
  • (a) all persons who have not applied to establish their claims, whether they are in or out of the jurisdiction of the court, including persons under any disability, are bound by the proceedings as if on the day of the date of the order dispensing with service they had been served with a copy of the order under section 4,
  • (b) the powers of the court under the Trustee Act extend to the interests of persons referred to in paragraph (a) in the property involved as if they had been parties, and
  • (c) the court may order a sale of the property and give directions.