AIR 1987 BOMBAY 235 ::(1987) MahLR 282 ::(1987) Mah LJ 30 ::(1986) 1 Bom CR 590

Bombay High Court

Hon'ble Judge(s): V. A. Mohta, G. G. Loney , JJ

(A) Civil P.C. (5 of 1908) , S.47, O.20 R.18(1)— Executability of decree - Suit for partition - No final decree as contemplated in S.47, passed - Only preliminary decree proceedings going on - Final decree proceedings are mere continuation of preliminary decree proceedings - There is no executable decree unless final decree proceedings are finally disposed of - Decree passed under O.20, R.18(1) is in its very nature preliminary - Any dispute between a party to suit and his representative cannot come under S.47 -Subsequent suit involving question about partition and possession of a field - Held, not barred by S.47(1). Case law discussed. (Para 6 7 8) (B) Limitation Act (9 of 1908) , Art.144, Art.136, Art.120— Partition suit - Main suit for partition filed in 1909 - Plaintiff in subsequent suit purchasing on 30-11-28 joint right, tide, and interest of certain parties to earlier suit - Plaintiff applying to Court for getting its share partitioned - In respect of one field, the plaintiff on 11-1-1932 stated that he did not wish to proceed in the matter - filed subsequent suit for partition and possession of that field in 1940 - Limitation was governed by 12 years rule in either Art.136 or 144 but not by six years rule in Art.120 - Suit, held, not barre....