M Satyanarayana
(Querist) 20 July 2013
This query is : Resolved
Sir,
In a partition suit after preliminary decree there is final decree in the suit for which a litigant is required to file application for final decree within a period of 3 Years.
After filing the appplication for final decree warrant was issued but not executed by advocate commission due to collusion with other party and got lapsed. Can I have a right to apply again for appointing advocate commission in the partition suit. What is my position regarding appointment of advocate commission. Can I have a right to file application again for fresh advocate commission.
Advocate Bhartesh goyal
(Expert) 20 July 2013
Yes you can move application to cancel the previously commission on ground of collusion and his negligence and get appointed another commissioner.
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