ACHUTHAN Vs. SREEDHARAN NAIR

JUDGEMENT

(1.) Does O.20 R.6A of the Civil Procedure Code apply to final decree in partition suits

(2.) The first defendant in a suit for partition is the revision petitioner. The final judgment in the partition suit was delivered on 30-8-1988 with a direction that the plaintiff should produce the necessary stamp papers on or before 30-9-1988 for drafting the final decree. The final decree was not drafted as the plaintiff did not deposit the amount required for the non judicial stamp papers for emgrossing the final decree. He had time till 30th September 1988 for the purpose. Even before that date, the petitioner, the first defendant, filed an application for issuance of a certificate under O.20 R.6A to enable him to file an appeal without the certified copy of the final decree, but on the basis of the certificate under this provision. The court below declined the request holding that O.20 R.6A has no application to a final decree in a partition suit. Hence this revision.

(3.) Order XX R.6A reads thus :-