Partition/final decree/execution - error in survey report

This query is : Resolved 
 

(Querist)
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


Isaac Gabriel (Expert)
06 November 2018

You need to consult civil lawyer with the records on hand as there seems disputed facts.

Dr J C Vashista (Expert)
07 November 2018

You are plaintiff / DH or defendant / JD or counsel for either party ?

P. Venu (Expert)
07 November 2018

No meaningful suggestion is possible unless the documents are seen.

kurian (Querist)
07 November 2018

The Execution couldn't be proceeded because of erred survey commission. Thus EP dismissed.

KISHAN DUTT RETD JUDGE (Expert)
07 November 2018

Dear Sir,
Get issue a legal notice and try to solve. If not approach the Deputy Registrar of the Societies or Rera or Civil Court.

kurian (Querist)
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.



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