AIR 1999 PUNJAB AND HARYANA 102 ::(1999) ILR 2 P&H 403 ::1999 (1) RecCivR 532 ::1999 (121) Pun LR 324 ::1999 HRR 19 ::1999 (2) ICC 158 ::(1999) 1 RentLR 153 ::(1999) 1 CurLJ(CCR) 272

Punjab And Haryana High Court

Hon'ble Judge(s): V. S. Aggarwal , J

Civil P.C. (5 of 1908) , O.20 R.18— Partition suit - Preliminary decree passed - Drawing of final decree - It is continuation of said proceedings - Period of limitation would not come into play. Limitation Act (36 of 1963) , S.3— Under O. 20, R. 18 when a preliminary decree is passed for partition, the Court not only declare the rights of the parties but is duty bound to, after the further act is done, pass a final decree, if permissible. He is to give further direction as to if necessary. In the case of preliminary decree passed for partition, no further right necessarily in this regard accrue. It would be a continuation of the same proceedings. Whenever a preliminary decree for partition is passed in a suit for partition, the Court should appoint immediately a Local Commissioner, if necessary, or take other proceedings rather than to bound his hands. He is duty bound to continue the proceedings in this regard. In the case of preliminary decree in partition suit, drawing of the final decree in continuation of the said proceeding. It is improper, therefore, to say that the period of limitation would come into play. @page-PunjHar103 Case law discussed.(Para 10 11 14) .....