GITA DEY Vs. NALINIBALA

JUDGEMENT

(1.) : This appeal is filed against judgment dated April 4, 2013 in a suit for partition. So far as preliminary decree, as early as September 17, 2002 it came to be passed in respect of five properties. As submitted, later two other properties were also included. So far as other immovable properties and the business of the family, it was indicated in the preliminary decree that Joint Commissioner of Partition appointed by virtue of judgment and preliminary decree would conduct an enquiry as to whether there was any dispute as regard the share of the properties in relation thereto, if there were to be a dispute with regard to any greater claim or share mentioned in the plaint, then Commissioner of Partition would call upon the parties and would go through the same and for such purpose learned Joint Commissioner of Partition to take evidence.

(2.) Thereafter, such evidence to be placed before the Court on the date of submitting the return in case no dispute was raised. So far as the residuary properties concerned, the Joint Commissioner of Partition was directed to take effective steps for getting the properties and business partitioned by metes and bounds as far as possible and to submit a comprehensive return thereof.

(3.) It is not in dispute that subsequently Joint Commissioner of Partition came to be changed to the present Commissioner of Partition. A return came to be filed by the present Commissioner of Partition and the same was forwarded to the advocate of the parties by letter dated July 1, 2005.