11Power of Court to dispense with service of notice of order in special cases

### 11 Power of Court to dispense with service of notice of order in special cases > *\[Section 11 Substituted by 25 Geo. V No. 78 \]* > > > (1)  Where in an action for partition it appears to the Court that notice of the order cannot be served on all the persons on whom that notice is, by this Act, required to be served, or cannot be so served without expense disproportionate to the value of the property to which the action relates, the Court may, if it thinks fit, on the request of any of the parties interested in the property, and notwithstanding the dissent or disability of any others of them, by order, dispense with that service on any person or class of persons specified in the order. > > > (2)  In lieu of such service the Court may direct advertisements to be published at such times and in such manner as the Court shall think fit, calling upon all persons claiming to be interested in such property who have not been so served to come in and establish their respective claims in respect thereof before a judge in chambers within a time to be thereby limited. > > > (3)  After the expiration of the time so limited all persons who shall not have so come in and established such claims, whether they are within or without the jurisdiction of the Court (including persons under any disability), shall be bound by the proceedings in the action as if on the day of the date of the order dispensing with service they had been served with notice of the order, service whereof is dispensed with. > > > (4)  Thereupon the powers of the Court under the [Trustee Act 1898](/view/html/inforce/2026-04-12/act-1898-034) shall extend to their interests in the property to which the action relates as if they had been parties to the action; and the Court may thereupon, if it shall think fit, direct a sale of the property and give all necessary or proper consequential directions. *\[Sections 12 - 16 Inserted by 25 Geo. V No. 78 \]*