Supreme Court · 2008 INSC 734 · Decided 27 May 2008
Bikoba Deora Gaikwad & ORS. v. Hirabai Marutirao Ghorgare
- Court
- Supreme Court of India
- Citation
- 2008 INSC 734 · [2008] 9 S.C.R. 1038
- Case number
- CIVIL APPEAL No. 4174/2008
- Decided
- 27 May 2008
- Bench
- S.B. SINHA, LOKESHWAR SINGH PANTA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC Section 54, 2(2); Limitation Act Section 136, 137
Headnote
t . Code of Civil Procedure, 1908: s.54, Or.21 r 11, Or.20 r.18 - Partition suit - Decree c passed stating that partition of land would be effected by Col- lector in execution proceedings under s. 54 - Decree not sent to Collector for partition in terms of s.54 by the trial Court - After 18 for sending said decree to Collector - Maintainability of the application chat- D lenged on the ground that same was barred by limitation - ~ Held: Use of term 'execution proceedings' in the decree is ., inadvertent and must be ignored - s. 54 confers duty upon a Court and cannot be
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