06 November 2018
partition suit decreed in favour of Plaintiff. And final decree also followed. But at the execution stage, it has been found that there is serious error in survey commission report prepared at the time of final decree stage. Thus the execution is not possible. How to reopen the final decree proceedings again for fresh survey commission. What are the provisions under CPC. Experts please reply
07 November 2018
Thanks for the valuable advice sirs. But is there anyway to start afresh the final decree proceedings. So that, a new survey commissioner could be appointed. And based on that execution could be properly carried out. Is there any provision under CPC to set aside a decree by application of Plaintiff.