Chennai Court April 1943 Judgments

inturi China Venkatappa Vs. Inturi Peda Venkatappa and ors.

Court: Chennai

Reported in: AIR1943Mad650; (1943)2MLJ112

Alfred Henry Lionel Leach, C.J.1. On the 14th July, 1937, the appellant obtained a final decree in a suit filed by him in the Court of 'the Subordinate Judge of Guntur, for partition of the family properties. He now wants to execute that decree. The Subordinate Judge and the District Judge on first appeal have held that the decree has become time barred. This appeal is from the order passed by the District Judge.2. Before a decree for partition can be executed the holder must pay the stamp duty required by Article 45 of the Indian Stamp Act and have the decree drawn up on non-judicial stamp paper. Rule 12 of the rules relating to partition suits under the Code of Civil Procedure and under the Partition Act, 1893, drawn up by this Court and to be found at page 263 of Vol. I of the Civil Rules of Practice and Circular Orders directs this to be done. Sub-rule (3) states that on the failure of the party in whose favour the order is made to produce the necessary non-judicial stamp paper wit...