Partition Decree -- Engrossment on Stamp Paper -- Limitation for execution runs independent of engrossment
(i) Limitation Act, 1963, Art.136 -- Partition Decree -- Engrossment on Stamp Paper -- Executability of a partition decree does not depend upon its engrossment on stamp paper. Period of limitation for execution of the decree runs from the date the decree attains finality and continues independent of engrossment. An execution application moved within twelve years of finality remains within time regardless of the date of engrossment. (ii) Stamp Act, 1899, S.35 -- Partition Decree -- Engrossment on Stamp Paper -- Stamp duty on engrossment of a partition decree and court fees payable on institution or execution proceedings operate in different fields under separate statutes. Non-engrossment renders the decree inadmissible in evidence, while non-payment of court fees affects only institution or prosecution of proceedings and not admissibility.
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