No limitation for executing Preliminary Decree- 12 years period under Limitation Act not Applicable
Partition Suit
When the limitation begins to run for filing an application to pass final decree on stamped papers-Executing court cannot receive the preliminary decree unless final decree is passed as envisaged under Order 20 Rule 18(2). After final decree is...
when would the period of limitation for execution of a decree passed in a suit for partition commence. In other words, question is when such a decree becomes enforceable - from the date when the decree is made or...
If the preliminary decree passed in the present proceedings without complying with the provisions of Order 32 Rule 7(1) is not a nullity but is only voidable at the instance of the appellants, the question is; can they seek...
In AIR 1989 NOC 74 (Mad) (Krishnamurthi v. Gopal Gounder), Ratnam, J. considering a case of determination of mesne profits in the partition suit observed thus : — “In a suit for partition, the mesne profits with reference to...
Variations or changes in the shares on account of death of party/parties and other developments after the decree affecting the rights and liabilities of the parties can be determined if necessary by passing further preliminary decree or if no...
In Venkata Reddy v. Pethi Reddy, AIR 1963 SC 992, reversing a decision of the Madras High Court in AIR 1956 Mad 413, Mudholkar, J. said (at p. 995) : “A decision is said to be final when, so...
Supreme Court of India-
Venu vs Ponnusamy Reddiar (Dead) Thr. Lrs …-there is no obligation of a litigant to apply for final decree proceedings. As such there is no question of application of the limitation.
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