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Supreme Court of India 2017-04-27 dismissed

Venu vs Ponnusamy Reddiar (dead) thr. Lrs & Anr

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

A property partition suit had resulted in a preliminary decree in 1959, but the execution application was filed 30 years later in 1989. The appellant contended the application was time-barred under the Limitation Act. The Supreme Court held that in partition suits, the suit remains pending until a final decree is passed, and no limitation applies to applications seeking final decree or execution of the preliminary decree. Such applications are merely reminders to the Court of its duty to complete the partition process. Accordingly, the application was not barred by limitation, and the appeal was dismissed.

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Civil Procedure Partition Limitation Preliminary Decree Execution of Decree

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