• Decreetal order validity, difference between order and decreetal

This is related to Judgement passed with regards to the case HMGOP of XX of 2015.the case was regarding sale of minor share in the property located at chennai and I am a prospective buyer and needed some clarification regarding the judgement. 

The Judgement clearly mentions that sale needs to be completed within three months. what would be the reference date to consider for the 3 months. 
since, the first order was delivered on 6th October 2016 and the same was handed over to petitioner on 21st November 2016. And petitioner found that there was an spelling mistake in the minor's name and applied for correction (via IA xxx/2017) . Based on IA xxx/2017, it has been corrected/amended on 24th feb 2017. 

Could you please help me on the following query .. 
a) clarify whether the reference date to consider for the 3 months, is based on IA passed date(ie 
 [deleted]) or original Judgement order date ( ie. [deleted]).? 

 b) Can I file a RTI application to get the confirmation/clarification from the Judge/court regarding
 the reference date to consider for the 3 months ?

c) Initially seller provided me two documents ( i.e ORDER and decreetal order ) and after the name correction, he is saying only Decreetal order is needed and ORDER copy is internal one and will not be provided to petitioner. is this correct ? only decreetal Order is enough ? 

I am hearing the below 2 different contradicting answer for query (a) from different lawyers . so could you please help to provide me the Answers with more information (for example under which section this rule is defined ..or any previous Order/recorded ..etc ) to finalise on this .

1) the said time shall be start from the date of order/judgement if it is delivered spontaneously....if not then from the date of receiving of copy of said judgment.....if any error is found in the said judgment then from the date of receiving of copy of corrected judgment. hence it shall be start on/after 24 feb. ( Ajay Sethi / Shivendra Pratap Singh)

2) The 3 month time limit, unless otherwise mentioned in the decree, begins from the date of decree. Correction of spelling does not alter the nature of decree. The date of decree will continue to be the date on which the decree was originally passed i.e 6th October.(Ashish Davessar)

Thank You.
Asked 7 years ago in Property Law
Religion: Hindu

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1 Answer

1) period of 3 months would be counted from IA order date 24/2/17 . since there was spelling mistake in minir name obviously no purchaser will spend his hard earned money to purchase moinor property unless mistake is rectified . this was done only in February 2017

2) apply for speaking to the minutes of order . seek clarification from court whether period of 3 months i to be counted from original judgment date or IA date

3) you are enttiled for order copy too

4) if yousee the earlier answer given by me i had suggested that seller apply to court have papers produced and seek clarifications from court

Ajay Sethi
Advocate, Mumbai
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