Partition suit
M Satyanarayana
(Querist) 26 November 2016
This query is : Resolved
Sir,
After preliminary decree, party to partition is supposed to file for final decree along with application for metes and bound and appointment of commissioner. If the application for metes and bound and application for final decree is dismissed for non appearance of counsel and to restore the dismissed petition what is limitation period for such application for restoration and whether it is treated equal to a dismissal of a suit or dismissal of application.
Please kindly enlighten me do I have a right to file for final decree.
Thanking you,
M.SATYANARAYANA
cherukuri prasad
(Expert) 27 November 2016
Generally decree for immovable property has limitation of 12 years
J K Agrawal
(Expert) 27 November 2016
in partition suit, it makes no difference if any one party appears or not. The reason is that in partition suits, all the parties are plaintiff only and all want partition. So there is no such thing like exparte decree or dismissal in default of presence.
Further, the court is duty bound to pass final decree when preliminary decree is passed.
Please hire better advocates and consult some senior advocate.
Rajendra K Goyal
(Expert) 27 November 2016
may proceed as advised by the expert J K Agarwal.
Dr J C Vashista
(Expert) 01 December 2016
In case the suit is dismissed in default due to non-appearance of party (plaintiff or Defendant)application for restoration has to be moved within 30 days, which may be extended by the Court.
However, once preliminary decree has been passed there is no such requirement for the parties to appear.
Meanwhile, the parties may approach for partition by meats and bounds otherwise the Court shall find alternative(s) for partition of suit property, at its own or through local commissioner.
