Partition suit - challenge against Final Decree
Ranganath.T
(Querist) 06 July 2009
This query is : Resolved
Dear Sir,
My Name is Ranganath.T on 02-10-1989, City Civil Court has issued a judgment and Final Decree on my Grandmother partition suit but in this judgment boundaries are not marked properly by the commissioner because our apposite party misguide the court by saying that he received some property from our neighbors by gift and he given a false statement of some other's (third party) property belongs to us. That means instead of our property he triad to merge some other's property and actual property showed as a gift given to him by some other peoples. And in the Final Decree, Judge mentioned their is no proper documents for the gift provided to him. But unfortunately we did not get our actual property of 40 feet’s in West instead of that 40 feet’s in East we got but this is not our property. (Which the property belongs to 3rd Parties they were already in the procession since from past with their proper documents)
Now my humble request is can we challenge this suit for amendment or re-appoint of the commissioner to fresh partition.
If it is possible please give me your precious opinion on this matter.
Final Decree passed in the year 1989; please help me we are straggling on this matter because in those days my Grandmother was very poor so he did not file the suit.
If you need I will send the Judgment copy for your further clarifications.
Thanking you.
Yours faithfully,
Ranganath.T
PALNITKAR V.V.
(Expert) 06 July 2009
Since the judgment was delivered in 1989, the matter has attained finality. Reopening of that issue is permissible only on the ground of fraud. So if you can prove that the decree was obtained by fraud, then only you can reopen that issue by filing fresh suit also, provided that it is filed within 3 years from the detection of fraud.
