https://www.taxtmi.com/caselaws?id=175362 A final decree directing sale of joint property and distribution of the sale proceeds in fixed shares was treated as an instrument of partition because it prescribed the mode of partition and fell within the statutory definition covering final civil court orders effecting partition. On that basis, it had to be duly stamped before enforcement. The text also states that objection to insufficient stamping could be raised in execution and in possession proceedings, because a court cannot act on an unstamped or insufficiently stamped instrument and any order founded on such a defect is vulnerable as a nullity for want of jurisdiction. en-us Mon, 04 Sep 1972 00:00:00 +0530 Thu, 19 Nov 2015 11:29:36 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=175362 A final decree directing sale of joint property and distribution of the sale proceeds in fixed shares was treated as an instrument of partition because it prescribed the mode of partition and fell within the statutory definition covering final civil court orders effecting partition. On that basis, it had to be duly stamped before enforcement. The text also states that objection to insufficient stamping could be raised in execution and in possession proceedings, because a court cannot act on an unstamped or insufficiently stamped instrument and any order founded on such a defect is vulnerable as a nullity for want of jurisdiction. Case-Laws Indian Laws Mon, 04 Sep 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=175362