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Issues: Whether limitation for an application to pass and execute a final decree in a partition suit begins from the date of the direction to draw the final decree or only from the date when the final decree is actually drawn up and engrossed on stamped paper.
Analysis: A preliminary decree in partition merely declares the shares and rights of the parties and does not itself effect division by metes and bounds. Under Order 20 Rule 18(2) of the Code of Civil Procedure, 1908, the court must complete the further inquiry and then pass a final decree. The Court held that a decree becomes executable only when the final decree is drawn up and duly engrossed on the requisite stamped paper, because until then the rights are not finally worked out in respect of all the properties and parties. The Limitation Act, 1908 was applied, and Article 182 was read to mean that limitation for execution begins only when there is an executable final decree, not when the court merely directs preparation of such decree. The Bombay Stamp Act, 1958 was also relied upon to hold that an unstamped instrument cannot be acted upon as an executable decree.
Conclusion: Limitation does not begin from the date of the direction to pass the final decree. It begins only when the final decree is actually drawn up and engrossed on stamped paper, and the contrary view was rejected.
Ratio Decidendi: In a partition suit, a preliminary decree is not executable; limitation for execution of the final decree commences only when the final decree is completed by engrossment on the required stamped paper and thereby becomes a legally executable decree.
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