AIR 1960 ANDHRA PRADESH 54

Andhra Pradesh High Court

Hon'ble Judge(s): P. Chandra Reddy , C.J. AND A. Srinivasa Chari , J

(A) Stamp Act (2 of 1899) , S.2(15)— Court passing final decree for partition - Engrossing of decree on stamp paper - Court to call upon parties to furnish stamp paper. It is the duly of the court when passing final decrees for partition to call upon the parties to furnish the requisite stamp paper for engrossing the decree on such stamp paper. The decree-holder cannot be made to suffer for the omission of the court in making such direction.(Para 8) Anno: AIR Com., Stamp Act, S. 2(15), N, 15. (B) Limitation Act (9 of 1908) , Art.182(5)— In accordance with law - Decree in suit for partition and for mesne profits - Shares divided and possession given to plaintiff - Final decree embodying result of partition and awarding mesne profits - Decree not engrossed on stamp paper - Application for execution is one in accordance with law. Stamp Act (2 of 1899) , S.2(15), Sch.I, Art.45— A decree was passed in a suit for partition, mesne profits and accounts. The suit properties were divided and the plaintiff was given his share in the immovable properties and possession also was given. After this the decree-holder assigned his decree in favour of the appellant. A final decree was passed embodying the result of the partition a....