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 when the decree is engrossed on the stamp paper. Which, out of these two, would be the starting point of limitation?
Limitation in Preliminary Decree
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.
27.04.2017 In our opinion a preliminary decree for partition crystallizes the rights of parties for seeking partition to the extent declared, the equities remain to be worked out in final decree proceedings. Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree. Even […]
13-05-2005 Partition Suit – Limitation ⇒ Merely because there is no direction by the Court to furnish the stamp papers for engrossing of the decree or there is no time limit fixed by law, does not mean that the party can furnish stamp papers at its sweet will and claim that the period of limitation provided under Article 136 of the […]
The Scope of Limitation Act in Partition Suit
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