Supreme Court of India · 2009-08-21
Shub Karan Bubna @ Shub Karan Prasad Bub vs Sita Saran Bubna & Ors
- Citation / case number
- AIR 2009 SC (SUPP) 2863
- Court
- Supreme Court of India
- Petitioner
- Shub Karan Bubna @ Shub Karan Prasad Bub
- Respondent
- Sita Saran Bubna & Ors
- Author
- R. V. Raveendran
- Bench
- B. Sudershan Reddy, R. V. Raveendran
Judgment text excerpt
The Supreme Court held that an application for drawing up a final decree in a partition suit is governed by Article 137 of the Limitation Act, 1963, which provides a limitation period of three years. The Court ruled that once a preliminary decree is passed, the right to apply for a final decree arises, and such application is considered to be made in a pending suit, thus not subject to limitation. The Court upheld the High Court's dismissal of the petitioner's revision petition, affirming that the application for final decree was not barred by limitation.