LEKH RAJ Vs. CHUNNI LAL

JUDGEMENT

(1.) This revision has been preferred by the petitioner against the order passed by the learned District Judge, Chamba, rejecting the appeal preferred by him against the order of the learned Senior Sub Judge, Chamba, dismissing the petition under Order 21 Rule 97 of the Code of Civil Procedure (hereinafter referred to as ˜CPC ) in execution proceedings instituted by the respondent Chuni Lal son of Amar Nath.

(2.) The facts necessary for determination of this petition are that Civil Suit No.181/63 was instituted in the Court of Senior Sub Judge, Chamba on 10.6.1963 by respondent Chuni Lal son of Amar Nath against Chuni Lal son of Haribhaj. A preliminary decree was passed by the learned Court on 9th September, 1963 directing partition of the suit property to be partitioned by a local Commissioner to be appointed. Thereafter, on 17.9.1964 the Court records: - Counsel freekan hazir hain. Freekan report Ex.X anusar bibhajan karne ko razi hain. Atah antim decree final decree anusar report Ex.X bhag har do freek di jave. Report Ex.X va naksha Ex.Y bhi part decree ka bhag schedule mana javega. Sunaya gaya. Misal dakhil daftar hove -.Transliteration: -

(3.) Thereafter, a final decree was drawn up in terms of the order 17.9.1964. An application being CMA No.24 of 1992 was instituted by the respondent herein in which Chuni Lal son of Haribhaj was also a party praying that a final decree for partition be engrossed on stamp paper. This application was decided by the learned Senior Sub Judge, Chamba, holding: - 4 . ... ... ...In this case the decree drawn on 17.9.1964 by the Court on a plain paper is no decree in the eye of law and thus it is to be treated as non -est and the proper and enforceable decree as contemplated by section 2(15) and section 35 of the Stamp Act would be in a non judicial paper of the requisite value and as and when this proper decree is drawn, it is to be treated as instrument of partition and enforceable decree.This being the case the application for engrossing the decree for partition, as prayed for, is allowed and as for the valuation of the property for determining the value of the stamp paper, there is no material on record so as to dispute the value of the share of the applicant in partition at the time of passing of the decree to the extent of Rs.2000/ -, and by taking this value as it is the requisite value of stamps works out to be Rs.45/ -. The applicant is directed to file the non -judicial stamp papers of the sum of Rs.45/ - within a week, after which the final decree be drawn up according and after drawing the same, these papers be placed in the original file and be consigned to the record room. - Announced in the open Court This 19th day of September, 1992 Sd/ -(J.L. Chauhan) Senior Sub Judge Chamba District Chamba, H.P. -