Is there any procedure or precedent to call back precept sent under under S.54 of CPC sent to Collector in decree for partion?
Nitin Awachar (lawyer) 05 January 2011
Is there any procedure or precedent to call back precept sent under under S.54 of CPC sent to Collector in decree for partion?
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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