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Rajendran Nallusamy (Advocate)     31 August 2008

Limitation for final decree

Hi,



Is there any limitation in filing final decree application in a suit?



Regards,



Rajendran



Learning

 4 Replies

Gaurav Pandya (Advocate & Registered Trade Mark Attorney)     01 September 2008

Yes.


 You will get Provisions From Civil Procedure Code & Limitation Act

anonymus (confidential)     06 September 2008

dear sir,


since the final decree proceedings are only continuation of the preliminary decree and the  suit is not disposed off, there is no limitation for filing final decree application. please see "BIKOBA DEORA GAEKWAD &Ors Vs HIRABAI MARUTIRAO GHORGAU & Ors " - decision of our honble SC 2008-2-TLNJ 462

kasina kiran kumar (advocate)     13 September 2008

for filing  a final decree the law is silent, but generally any decree passed by a court and from the date of decree the limitation for execution of the decree is 12 years. hence, in the case of filing of a final the limitation is 12 years from the date of preliminary decree. on completion of 12 years from the date of preliminary decree, the decree becomes unexecutable.


 


hope you got your answer


kasina kiran kumar.

Susmita (Advocate)     19 May 2015

Sir,

     final decree is continuation of premiminary decree. as the decree is in preliminary form, execution stage yet not come unless it is final.


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