Shub Karan Bubna v. Sita Saran Bubna & Ors. (2009) SCC 689
Quick Summary
The Supreme Court clarified that in a partition suit, the case is not over after a preliminary decree. The court must push the matter to a final decree without delay. An application to draw up the final decree has no specific limitation period because the suit remains pending. Enforcement must be done through Order 21 CPC, not by filing a fresh suit.
Issues
- Are Limitation Act provisions inapplicable to an application for drawing up a final decree in a partition suit?
Rules
| Principle | Explanation | Effect Here |
|---|---|---|
| Court’s Duty | After a preliminary decree, the court must move to final decree proceedings without unnecessary delay. | Courts should actively progress partition suits to completion. |
| No Limitation | An application to draw a final decree is part of the pending suit; no specific limitation period applies. | Late applications cannot be rejected on limitation alone. |
| Execution Route | A separate suit to enforce a decree is not permitted. Use Order 21 CPC for execution. | Decree-holders must proceed within the CPC framework. |
Facts (Timeline)
Arguments
Applicant for Final Decree
- Final decree application is part of the pending suit; no limitation applies.
- Court should ensure progress from preliminary to final decree.
Objector
- Final decree move is time-barred.
- Partition should not proceed further after long delay.
Judgment
The Supreme Court held that the application to draw up a final decree in a partition suit is not governed by a specific limitation period. A separate suit to enforce a decree is impermissible; the proper route is execution under Order 21 CPC. Because a preliminary decree only declares shares, the suit continues until the final decree is passed.
Ratio Decidendi
- No limitation for final decree application in partition suits.
- Order 21 CPC is the only path for execution; no fresh suit.
- Preliminary decree does not dispose of the suit; proceedings must continue to final decree.
Why It Matters
This ruling prevents injustice from procedural delays. It ensures families can reach a workable partition even after years, and guides courts to actively conclude partition suits.
Key Takeaways
- Final decree step has no fixed limitation.
- Court should initiate and monitor final decree proceedings.
- Use Order 21 CPC—avoid separate enforcement suits.
Mnemonic + 3-Step Hook
Mnemonic: “Prelim to Final—No Time Denial”
- Check: Is it a partition suit with a preliminary decree?
- Proceed: Move to final decree; court must push it.
- Enforce: Use Order 21 CPC, not a new suit.
IRAC Outline
Issue
Are Limitation Act provisions applicable to a final decree application in a partition suit?
Rule
The suit continues after a preliminary decree; no specific limitation for final decree application; enforcement via Order 21.
Application
The applicants sought a final decree years later; since the suit was still pending, the move was maintainable.
Conclusion
No limitation bar; court must proceed to draw up the final decree; execution only through CPC Order 21.
Glossary
- Preliminary Decree
- A decree that declares shares but does not divide property.
- Final Decree
- A decree that allots specific portions and ends the suit.
- Order 21 CPC
- The Code of Civil Procedure provisions that govern execution of decrees.
FAQs
Popular & Recent Post
Comment
Nothing for now