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august 2009

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.

Shub Karan Bubna @ Shub Karan Prasad Bub vs Sita Saran Bubna & Ors · Niyam