9Parties to partition actions

### 9 Parties to partition actions > *\[Section 9 Amended by 25 Geo. V No. 78 \]* > > > (1)  Any person who, if this Act had not been passed, might have maintained an action for partition, may maintain such action against any one or more of the parties interested without serving the other or others, if any, of those parties; and it shall not be competent to any defendant in the action to object for want of parties. > > > (2)  At the hearing of the cause the Court may direct such inquiries as to the nature of the property, and the persons interested therein, and other matters as 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 action shall be served with notice of the order on the hearing, and after such notice shall be bound by the proceedings as if they had been originally parties to the action, and shall be deemed parties to the action. > > > (3)  All such persons may have liberty to attend the proceedings, and any such person may, within a time limited by general orders, apply to the Court to add to the order. > > > (4)  If the Court is satisfied that any person who would have been a necessary party to the action cannot be found, the Court may proceed by partition or sale in the absence of such party.