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Nitin Awachar (lawyer)     05 January 2011

S.54 CPC

Is there any procedure or precedent to call back precept sent under under S.54 of CPC sent to Collector in decree for partion?
 



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 1 Replies

Nitin Awachar (lawyer)     09 January 2011

The collector has no jurisdiction to decide title in the matter of partition.  Proviso to S.85 (2) of The Maharashtra Land Revenue Code 1966 clearly states that jurisdiction to decide title is with Civil Court. On This ground Ithink the precept may be called back.


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