Condonation of delay and limitation act and decree
M Satyanarayana
(Querist) 10 July 2017
This query is : Resolved
Sir,
After preliminary decree in the partition suit the opposite party filed appeal at the apex court which was dismissed further review petition was also dismissed. I filed in the year 2011 application for Final decree, metes and bound and possession of my shares in the trial court. The opposite party on one pretext or other managed to prolong my applications for final decree till my dismissal of my application. Some months back my counsel reported me my applications were dismissed for non appearance of my counsel and myself. My counsel informed me that I have to file restoration petition with condone delay petition under limitation act. I obliged restoration petition was file with condone delay petition of 65 days and the opposite party filed counter. On the date of hearing for argument I was informed by the Judge that the opposite party took next date in my absence and judge given me next date in absence of my counsel who told he is attending some other work. I came to know from sources that an application for Final decree, Metes and Bound and mesne profit is an application in a continuing suit and such applications even dismissed for default is not governed by limitation act.
Please let me know correct information so that I can arrive at correct conclusion. My counsel is not disclosing the correct information regarding my case.
Thanking you
M.Satyanarayana
P. Venu
(Expert) 11 July 2017
Please post the simple facts.
M Satyanarayana
(Querist) 11 July 2017
Sir,
In a suit for partition there are two decrees preliminary decree and final decree. In preliminary decree the rights of the parties are conclusively declared but the suit still continues till final decree. An application for final decree and metes and bound is only a request to the court for passing final decree. My application is dismissed in default for non appearance of my counsel and myself. Now my counsel filed condonation and restoration petition but according to my knowledge there is no limitation for final decree in partition suit. Whether my counsel is correct in filing condonation of delay and restoration.
Thanking you,
M.Satyanarayana
Vinod kashyap
(Expert) 12 July 2017
there is no limitation for filling a application in pending suit. you can see judgment of SC Venu V/s ponnusamy 2008, but restoration application shall be filed within 30 days from date of knowledge.
