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Suit for partition and separate possession (Civil Law)

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Author : ram

Posted On 12 April 2013 at 17:19

Dear sir,
1)what is the time limit for appeal to district court,in case suit for partition and separate possession?

2)whether the days counts from the date of court judgement or date of decree ?

3) what is the maximum days permitted for the judges to pass decree after giving judgement?

Sir please let me know all these above queries as soon as possible?




Expert : prabhakar singh

Posted On 12 April 2013 at 18:48

1.30 days;
2.Time starts to run from date of decree or order(read judgement)(see article 116.of Limitation Act
Under the Code of Civil Procedure,1908(b) To any other court from any decree or order.
Thirty days
The date of the decree or order.).


3.No time prescribed for that.

NOTE:One should apply soon after the judgement is pronounced .

It is duty of registry of court to prepare formal decree,where after preparation of copy takes place and it's ready for delivery is notified and in between all time consumed by court's agency is excluded.

Read section 12 of limitation act:

"12. Exclusion of time in legal proceedings -

(1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded.

(2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.

(3) Where a decree or order is appealed from or sought to be revised or reviewed, or when an application is made for leave to appeal from a decree or order the time requisite for obtaining a copy of the judgment on which the decree or order is founded shall also be excluded.

(4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.

Explanation – In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for copy thereof is made shall not be excluded."



Expert : MohammedRaffiq Bijapur

Posted On 12 April 2013 at 22:06

I concur with Prabhakarji.
I would like to add one thing that to prefer appeal decree is not necessary, judgment is sufficient(refer Order41 Rule 1)



Expert : Devajyoti Barman

Posted On 12 April 2013 at 22:46

do advised above.



Expert : raj kumar makkad

Posted On 13 April 2013 at 09:01

I also do agree with the wise advice of Respected Singh Saab.



Author : ram

Posted On 13 April 2013 at 10:05

Thank you very much sir....



Expert : R.K Nanda

Posted On 13 April 2013 at 11:16

no more to add.


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