Limitation period in partition suit
M Satyanarayana
(Querist) 05 April 2013
This query is : Resolved
Sir,
In a partition suit after passing preliminary decree there is a limitation period for filing final decree by metes and bound and further there is limitation for E.P. within 12 years from the date of final decree. In our judicial system there is advantage to get the proceedings prolonged on one pretext or the other by taking advantage of adjournments and holidays and court vacations.
There is ample scope for the losing litigant to play havoc with the case and drawing the case to be dismissed on the grounds of limitation period.
Knowing well the way court is conducted and staff hand in glove with the staff can easily manage to dodge off the case. In such situation what is the remedy for the common man who has reposed faith in the judiciary. How to handle the vexatious litigant. Is there any relief given to such party. Whether the party can enjoy his rightful share in the property.
What steps to be taken to pursue the case without prolonging the case. Please advise.
Thanking you,
MSN
R.K Nanda
(Expert) 05 April 2013
state full facts.
Adv k . mahesh
(Expert) 05 April 2013
case can be completed by mutually both parties should have urgency in the matter or both parties attend the proceedings every time and should expedite the matter
with some loopholes our judiciary system the clients are enjoying this prolong time period
Devajyoti Barman
(Expert) 05 April 2013
You can go to high court under Article 227 for direction upon the court to conclude hearing in a specified point of time.
Raj Kumar Makkad
(Expert) 06 April 2013
You have initiated an endless general discussion which is already a subject matter of various Law Commissions. Put your suggestions to Govt. og India. Ministry of Law & Justice instead of lawyers.
