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august 2009

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.

SHUB KARAN BUBNA @ SHUB KARAN PRASAD BUB vs SITA SARAN BUBNA . · Niyam