requisition for Help regarding partition suit

Ranganath.T (Querist) 08 November 2008 This query is : Resolved
Dear Sir/Madam,

Please give me your opinion towards following points:-

1) Can we challenge against Final Decree (Partition suit) after the time limit (i.e. Final Decree dated 18.3.1989)?

2) If it is coming under condonation of delay or not?

3) We can claim the mense profits after 19 years from the order pass.

Kindly spend your precious time to answer my requests.

Kindly oblige and do the needful.

Thanking You.

Yours faithfully,
Ranganath.T

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R.Manivasagan (Expert) 08 November 2008
1. The Final Decree proceedings cannot be challenged, since in the preliminary Decree proceedings itself the shares of the respective parties were defined. If any one aggrieved by that share, can prefer the Appeal within the prescribed time.

2. The Limitation Act will not applicable to the Final Decree proceedings.
3. we can claim the mense profits

Shyam Ji Srivastava (Expert) 09 November 2008
If you have contested the suit then you can not challenge but if not, you can file declaratory suit.

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