MINOR KRUTI DILIPBHAI BHADAJA Vs. RAMJIBHAI AMBABHAI BHADAJA

JUDGEMENT

(1.) ADMIT. Learned advocate Mr.Ravaiya, waives service of notice of admission on behalf of the respondents.

(2.) At the outset learned advocate Mr. Zalak B. Pipalia, appearing for the appellant has submitted that the impugned judgment and decree is required to be set aside to the extent that as per the provisions of Order 20 Rule 18(1) read with Sec. 54 of the Civil Procedure Code, 1908 (for short, "the CPC"), since the directions with regard to the partition, which are required to be issued to the Collector are missing. It is submitted that the judgment and decree has been accepted by both the respondents, however due to predicament and non- observations by the Trial Court with regard to such provisions, it will not be possible to give effect to the final directions issued in this regard. It is submitted by him that the error has been committed by the Civil Court in not observing the aforesaid provisions of the CPC and such decree was remained as paper decree and will not be executed.

(3.) The First Appeal is premised only with regard to the lacuna committed by the Civil Court, while passing the impugned judgment and decree and drawn the decree accordingly. The provisions of Rule 18(1) are as under :-