Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande — Limitation for Final Decree on Stamped Papers

Simple rule for students: Limitation does not start when the court asks for non-judicial stamp papers. It starts only after a proper final decree is drawn, signed, and engrossed on stamps, clearly fixing the shares.

1. When does limitation begin for filing an application to pass the final decree on stamped papers?

Order 20 Rule 7 (CPC): The decree bears the date of the judgment. After the judge checks it matches the judgment, he signs it.

Section 2(2) (CPC): A decree is the formal expression of a final decision on parties’ rights. It can be preliminary, final, or partly both.

Held: Limitation does not start from the date of the court’s direction to pass the final decree. Mere direction to supply stamped papers is not a final decree.

Until a final decree is drawn up, signed, and engrossed on stamps, there is no executable decree. The Supreme Court therefore upheld the trial court and rejected the contrary High Court view.

• Limitation begins only after a valid final decree exists on stamped paper.
• Directions about stamps are procedural, not a decree under Section 2(2) CPC.

This ruling draws a clear line between steps toward a decree and the decree itself. For execution and limitation, only a proper final decree counts.

• No executable decree exists until it is drawn, signed, and stamped.
• Limitation does not run from a direction to pass a decree.
• Section 2(2) CPC + Order 20 Rule 7 guide the form and timing of a decree.

Mnemonic: “DRAW — SIGN — STAMP — THEN TIME.”

1. Draw: Draft the final decree.
2. Sign: Judge signs after checking.
3. Stamp: Engross on non-judicial stamps.
4. Time: Only now can limitation run.

Final Decree

The decree that completes the suit by fixing rights (e.g., shares by metes and bounds).

Engrossment

Writing the final decree on proper stamp papers as required by law.

Limitation

The legally fixed time within which a party must act.