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T.K.DAS   24 December 2019

Partition suit final decree proceedngs

Sir, final decree proceedings under Order 26 Rule 13 and 14 of CPC are in progress in an IA (interlocutory application) in a suit for partition. The Advocate Commissioner inspected the properties and submitted a report to the court. The parties filed their objections. They filed their written arguments also. The arguments are likely to conclude in 1 or 2 hearings. My question is: after filing objections and written arguments and when arguments are likely to conclude in 1 or 2 hearings, can a party file an IA under Order 26 Rule 14 to scrap the report of the Advocate Commissioner? Is it maintainable? A general question is: can we file an IA within an IA at any stage before it is disposed of? Kindly reply. With thanks and regards, T.K.Das, Kolkata.


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 3 Replies

Shashi Dhara   24 December 2019

Yes if you have not satisfied on the report of commission you can object it and press the court for fresh appointment of new commission.
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T.K.DAS   27 December 2019

Dear Sir, thank you very much for your kind reply. So, even after filing objections and written arguments, can I still file an IA within the final decree proceedings IA to scrap the report of the advocate commissioner? Regards, T.K.Das

Shashi Dhara   27 December 2019

Yes if IA is dismissed then you may file appeal or w.p against the orders.

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