ISSUE:
Whether the provisions of the limitations act are inapplicable to an application drawing up final decree for partition?
RULE:
Once a preliminary decree in a partition suit is passed, it is the court's responsibility to ensure that the final decree proceedings commence without unnecessary delay.
An application for the drawing up of a final decree in a partition suit is not subject to any specific limitation period. The rationale is that the preliminary decree does not dispose of the suit entirely; the suit remains pending until a final decree is passed.