Section 34: Objection to partition

34. Objection to partition (1) (a) On the day fixed by the notary for appearance before the Judge, the notary shall submit his memorandum and other documents produced before him to the Judge who, after hearing the parties or such of them as appear, shall decide on the objection, and may make such order as he thinks fit. [Issue 1] S45 – 6 Revised Laws of Mauritius (b) The costs of the incident shall be borne by the unsuccessful party, and shall in no case be made costs of partition. (2) (a) On the motion of an heir whose interest in the question or objection raised exceeds 1,000 rupees, the Judge shall refer the matter to the Court, and shall then fix a day for the appearance of the parties. (b) On the day fixed, the parties shall appear before the Court without any summons, and the Court shall then, or on any subsequent day that may be appointed, hear and decide on the objection, and shall deal with the costs in the manner prescribed in subsection (1).