Partition/final decree/execution - error in survey report

P K George (Querist) 06 November 2018 This query is : Resolved
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

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Isaac Gabriel (Expert) 06 November 2018
You need to consult civil lawyer with the records on hand as there seems disputed facts.

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Dr J C Vashista (Expert) 07 November 2018
You are plaintiff / DH or defendant / JD or counsel for either party ?

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P. Venu

(Expert) 07 November 2018
No meaningful suggestion is possible unless the documents are seen.

P K George (Querist) 07 November 2018
The Execution couldn't be proceeded because of erred survey commission. Thus EP dismissed.

KISHAN DUTT KALASKAR (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.

P K George (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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Partition/final decree/execution - error in survey report

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