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IN THE HIGH COURT OF JUDICATURE AT PATNA
S.B.PD.SINGH
Krishna Ram S/o Late Mahadeo Dusadh – Appellant
Versus
Pramod Dusadh Son of Late Bigan Dusadh – Respondent
| Table of Content |
|---|
| 1. parties involved in the partition dispute. (Para 1) |
| 2. arguments regarding the confirmation of survey commission report. (Para 2) |
| 3. findings and implications of the earlier judgment regarding final decree. (Para 3) |
| 4. final dismissal of the petition. (Para 4) |
JUDGMENT :
2. Learned counsel for the petitioners submits that Title Partition Suit No. 103 of 1952 was instituted by the plaintiff’s ancestor, which, after contest, was decided by judgment dated 20.01.1954, followed by preparation of a preliminary decree on 02.02.1954. For carving out the shares in terms of the preliminary decree, a survey- knowing Pleader Commissioner was appointed, who submitted his report on 19.11.1957. Objections were invited from both parties but no objection was filed, whereafter the report was confirmed. It is further submitted that the order of confirmation dated 04.01.1958 does not bear the seal and signature of the Presiding Officer. Subsequently, on 06.04.2010, the petitioners filed an application for preparation of the final decree along with a prayer for condonation of delay, which was rejected by the trial court vide order dated 13.05.2010. Aggrieved thereby, CWJC No. 10032 of 201
A preliminary decree in a partition suit crystallizes rights but does not finalize partition until a final decree is passed, allowing legislative changes to affect the final distribution.
Parties must raise objections during proceedings to ensure procedural fairness; failure to object undermines claims of prejudice in final decrees.
Final decree proceedings in partition suits are initiated by the court regardless of a party's application; thus, the Limitation Act does not apply.
The Court emphasized the need for proper measurement of plots as per sale deeds for partition and reiterated the position of law in respect of partition of immovable properties through the Court Comm....
An application under Article 227 challenging an order accepting a Partition Commissioner's Report is maintainable until a final decree is passed in the partition suit.
A final decree is required before executing a partition, and parties must be granted a hearing to present objections as per the relevant rules.
A partition suit concludes with the final decree, and parties cannot seek modification of shares based on subsequent legislative changes after the final decree is passed.
The court affirmed the plaintiffs' right to partition of joint family property, ruling that the defendants failed to prove prior partition, and emphasized the necessity of registration for partition ....
In partition suits, established procedures involving a commissioner's report must be adhered to; objections require substantial evidence to be upheld against such reports.
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