ISSUE:
Whether the limitation for filing an application to engross the final decree on stamped paper begins when the direction for the final decree is given or when it is engrossed on the stamped paper?
Whether a final decree can be considered executed and binding when no Commissioner is appointed to partition the property by metes and bounds in accordance with the preliminary decree?
RULE:
Under Order 20 Rule 18 of the Code of Civil Procedure, 1908 (“CPC”), in cases of partition of immovable property, the court must first pass a preliminary decree declaring the rights of the parties and the shares they hold, followed by a final decree specifying the division by metes and bounds.
Under Order 20 Rule 7 of the CPC, a decree must bear the date of the judgment, and the judge must ensure the decree is in accordance with the judgment before signing it.
Section 2(2) of the CPC defines a “decree” as final when it conclusively determines the rights of the parties.