SHUB KARAN BUBNA @ SHUB KARAN PRASAD versus SITA SARAN BUBNA & ORS.

SHUB KARAN BUBNA @ SHUB KARAN PRASAD versus SITA SARAN BUBNA & ORS.

An application for drawing up a final decree in a partition suit is not subject to any period of limitation, as it is part of ongoing proceedings in a pending suit and does not invoke any fresh relief or new cause of action; such applications are excluded from the purview of Articles 136 and 137 of the Limitation Act, 1963.

Parties
Petitioner: Shub Karan Bubna @ Shub Karan Prasad Bubna; Respondent: Sita Saran Bubna
Jurisdiction
India
Judgment Date
21 August 2009
Procedural Posture
Special Leave Petition (civil) / Final Judgment on SLP
Outcome
Appeal dismissed
Legal Topics
Partition Suits, Preliminary Decree, Final Decree, Limitation Act
Civil Procedure Partition Suits Preliminary Decree Final Decree Limitation Act

Case Brief

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Parties

Shub Karan Bubna @ Shub Karan Prasad Bubna

Petitioner

Sita Saran Bubna

Respondent

Procedural Posture

Special Leave Petition (civil) / Final Judgment on SLP

Legal Issues

  1. 1 Whether an application for drawing up a final decree in a partition suit is subject to limitation under the Limitation Act, 1963

Ratio Decidendi

An application for drawing up a final decree in a partition suit is not subject to any period of limitation, as it is part of ongoing proceedings in a pending suit and does not invoke any fresh relief or new cause of action; such applications are excluded from the purview of Articles 136 and 137 of the Limitation Act, 1963.

Court Disposition

Appeal dismissed

Orders

  • Final decree proceedings to be expedited by the trial court