Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande, AIR 1995 SC 1211

Core holding: In partition suits, the court first declares shares (preliminary decree) and then divides property by metes and bounds (final decree). Limitation to supply stamp and engross the final decree starts when the decree is finalized, not when the court merely directs that a final decree be drawn. Without a Commissioner’s partition and an engrossed final decree, execution will fail.

• Result: Trial court’s view restored; High Court set aside. Final decree to be engrossed and then executed.

1. When does limitation begin for supplying stamp and engrossing the final decree?
2. Can a “final decree” be treated as executed when no Commissioner has divided the property by metes and bounds?

• Order 20 Rule 18 CPC: Partition suits need a preliminary decree (shares) followed by a final decree (exact division).
• Order 20 Rule 7 CPC: A decree bears the judgment’s date; the judge signs only after ensuring conformity.
• Section 2(2) CPC: A decree is final when it conclusively determines parties’ rights.

• Limitation start: From the point when the decree is finalized and ready to be engrossed—not from a mere direction.
• Partition method: Final decree must reflect metes and bounds via a Commissioner; otherwise execution is defective.
• Disposition: High Court set aside; trial court order restored. Trial court to pass and engross the final decree on stamps supplied by Appellant and then proceed to execution.

Finality for limitation arises only when a final decree exists in law—i.e., after metes-and-bounds determination and readiness for engrossment and signature. Directions alone do not trigger limitation.

• Prevents premature limitation bars before a decree is truly executable.
• Reinforces the two-stage structure in partition suits (preliminary → final).
• Guides courts and parties on stamping, engrossment, and execution readiness.

• 1 Limitation starts when the final decree is ready to be engrossed.
• 2 Partition requires metes and bounds by a Commissioner.
• 3 A mere direction to draw decree ≠ executable decree.
• 4 Order 20 Rules 7 & 18 CPC anchor date and content of decrees.

Mnemonic: “D-ME-SIGN” — Direction ≠ Metes-&-bounds + Engross + Sign.

1. Appoint Commissioner → get metes & bounds.
2. Engross on proper stamp; ensure conformity with judgment.
3. Judge signs; then limitation/execution timelines make sense.

Preliminary Decree

Declares parties’ shares; rights are settled but not physically divided.

Final Decree

Specifies the exact parcels (metes and bounds) and is executable.

Engrossment

Writing the decree on proper non-judicial stamp paper as required.

Metes and Bounds

Precise boundary description used to divide immovable property.