Supreme Court of India · 2009-08-21
SHUB KARAN BUBNA @ SHUB KARAN PRASAD BUB vs SITA SARAN BUBNA .
- Citation / case number
- SC 2009/7053
- Court
- Supreme Court of India
- Petitioner
- SHUB KARAN BUBNA @ SHUB KARAN PRASAD BUB
- Respondent
- SITA SARAN BUBNA .
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 affirmed that once a preliminary decree is passed, the right to apply for a final decree arises, but such application must be made within the stipulated period; otherwise, it is barred by limitation. The Court dismissed the petitioner's appeal, upholding the High Court's decision that the application was indeed time-barred.