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Supreme Court Of India

(From : Bombay)*

Hon'ble Judge(s): K. Ramaswamy, B. L. Hansaria , JJ

Civil P.C. (5 of 1908) , O.20 R.18(2)— Partition - Final decree - What constitutes - Drawing up of final decree and then to engross it on stamped paper(s) of required value - Both acts together constitute "final decree" F. A. No. 229 of 1976 and L. P. A. No. 15 of 1977, D/- 7-3-77 and 7-4-1977 (Bom.), Reversed.AIR 1983 Patna 105, Overruled. Limitation Act (9 of 1908) , Art.182— Bombay Stamp Act (60 of 1958) , S.2(9)— Limitation does not begin to run from the date when direction is given to pass final decree. Mere giving of direction to supply stamped paper for passing final decree does not amount to passing a final decree. Until the final decree determing the rights of the parties by metes and bounds is drawn up and engrossed on stamped paper (s) supplied by the parties, there is no executable decree. In this behalf, it is necessary to note that S. 2(a) of the Bombay Stamp Act, 1958, as amended by the local Act, provides that a decree of Civil Court is required to be stamped as per Article 46 in Schedule I. Section 34 thereof lays down that "no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer unless such instrument is duly stamped". Therefor....