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    The Supreme Court of India heard a case regarding the limitation period for executing a decree in a partition suit. The Court held that: 1) For the purposes of limitation under Article 136 of the Limitation Act, the period begins running from the date the decree is passed, not the date it is engrossed on stamp paper. 2) A decree in a partition suit creates rights and liabilities regarding immovable properties, making it an instrument liable for stamp duty. Once the requisite stamp duty is paid, the decree can be acted upon. 3) The High Court wrongly held that the application for execution in this case was not barred by limitation, as the starting point cannot be contingent on engrossment

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    Citation on Partition

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    The Supreme Court of India heard a case regarding the limitation period for executing a decree in a partition suit. The Court held that: 1) For the purposes of limitation under Article 136 of the Limitation Act, the period begins running from the date the decree is passed, not the date it is engrossed on stamp paper. 2) A decree in a partition suit creates rights and liabilities regarding immovable properties, making it an instrument liable for stamp duty. Once the requisite stamp duty is paid, the decree can be acted upon. 3) The High Court wrongly held that the application for execution in this case was not barred by limitation, as the starting point cannot be contingent on engrossment

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    102 views2 pages

    Citation On Partition

    Uploaded by

    raju634
    The Supreme Court of India heard a case regarding the limitation period for executing a decree in a partition suit. The Court held that: 1) For the purposes of limitation under Article 136 of the Limitation Act, the period begins running from the date the decree is passed, not the date it is engrossed on stamp paper. 2) A decree in a partition suit creates rights and liabilities regarding immovable properties, making it an instrument liable for stamp duty. Once the requisite stamp duty is paid, the decree can be acted upon. 3) The High Court wrongly held that the application for execution in this case was not barred by limitation, as the starting point cannot be contingent on engrossment

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    of 2

    (2005) 30 AIC 36 : (2005) AIR(SCW) 2860 : (2005) AIRJharR 1789 : (2005)

    AIR(SC) 2564 : (2005) 5 ALLMR 770 : (2005) 2 AllWC 1793 : (2005) 60 ALR
    166 : (2005) 4 CalHCN 72 : (2006) 1 CalLJ 56 : (2005) 2 CivCC 574 : (2005)
    120 DLT 83 : (2005) DNJ 531 : (2005) 3 ICC 834 : (2005) 5 JT 329 : (2005) 2
    KLT 1018 : (2005) 3 LJR 557 : (2005) 3 LW 640 : (2005) 3 MLW 640 : (2005)
    3 RCR(Civil) 272 : (2005) 99 RD 272 : (2005) 2 RLW 313 : (2005) 5 SCALE
    247 : (2005) 10 SCC 746 : (2005) Sup1 SCR 359 : (2005) 4 Supreme 136 :
    (2005) 3 UC 1770 : (2005) 2 UJ(SC) 907 : (2005) 2 WLC 93
    SUPREME COURT OF INDIA
    FULL BENCH
    ( Before : R. C. Lahoti, C.J; Y. K. Sabharwal, J; G. P. Mathur, J )

    DR. CHIRANJI LAL (D) BY LRS. — Appellant

    Vs.

    HARI DAS (D) BY LRS. — Respondent


    Civil Appeal No. 3745 of 2002
    Decided on : 13-05-2005

     Civil Procedure Code, 1908 (CPC) - Order 20 Rule 6A, Order 20 Rule 6A(2),
    Order 41 Rule 1
     Limitation Act, 1963 - Article 136, Article 45
     Stamp Act, 1899 - Section 2(14), Section 2(15), Section 3, Section 33, Section
    35, Section 40, Section 42(1), Section 42(2)

    Limitation Act, 1963 - Article 136 - Execution of decree -


    Article 136 pre-supposes two conditions, viz., (1)
    judgment has to be converted into decree and (2) decree
    should be enforceable, when it is engrossed on stamp
    paper, the date when the period of limitation begins to
    run.
    Limitation Act, 1963 - Article 136 - Execution of decree -
    Limitation - Decree in suit for partition creates rights and
    liabilities of parties with respect to immovable properties
    - It is considered as an instrument liable for payment of
    stamp duty under the Indian Stamp Act - Once requisite
    stamp duty alongwith penalty, if any, is paid the decree
    can be acted upon - Starting point of limitation for
    execution of a decree in partition suit cannot be made
    contingent upon engrossment on the stamp paper -
    Engross of decree on stamp paper would relate back to
    the date of decree, i.e., 7th August 1981 - Application for
    execution filed on 21.3.1994 beyond the period of 12 years
    prescribed under Article 136 of the Act - High Court
    committed illegality in holding that the execution
    application was not barred by limitation.
    Stamp Act, 1899 - Section 35 - Final decree in partition
    suit - Execution of - Limitation - Period of limitation
    begins to run from date when decree passed and not from
    date of engrossment on stamp paper.
    it is a settled proposition of law that a co-sharer can not seek injunction
    against the other co-sharer with regard to the property which is joint in
    their possession.

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