1) defendant can definitely raise the issue before trial court
2) court would not reject the report
3) If there is typographical error it can always be rectified
Partition suit
am the plaintiff of the partition suit....already got expartee preliminary decree.....and survey passed commissioner filed his report.....he mention that total measuring area is 18.60 decimel....and common passage is 2.94 decimel... Total partition area is 15.46 decimel...after deducting common passage... According to decree he devided the property through respective share.....but he mention that plaintif 1 get 6.447 decimel, defendend 1 get 3.093 decimel, deff-2 get . 7734 decimel, deff-3 get 5.156 decimel.. ...but adding all theses..now the total measuring area is 15.4697 decimel instead of 15.46 decimel....... my question is 1) may the defendend raise this issue and challange the report?? 2) can court cancel this report for this issue?? 3) can commussioner rectify his typing error?? Pls suggest me for my futere action
Asked 7 years ago in Civil Law
8 Answers
It would be better for you to take proper legal guidelines by showing complete files of your case to an advocate so that you can take a right path to handle your issues. Vague answers will not give you the exact relief .
1. The actual measurement during final decree proceeding often varies and if the difference is minimal as in this case it is of no consequenses.
2. So the defendant can not raise the dispute much and in any event the report is not going to be cancelled.
3. However the division of proeprty among co sharers must be as per the preiminary decree and the extra land , if any, may be left open for common usage.
4. If it is a typing error then it can be corrected with the leave of the court.
Please move an application before the court and report of the Commissioner can be rectified.
1. Sir the difference is negligible as in report it is upto two digits after decimal and aprtition is done upto 4 so no challange agaisnt same is maintainable.
2. No the court will not cancel the report on the same.
3. Yes the commissioner can rectify this error and the measure cann be written upto 4 digits after decimal;
the difference is neglible and may not be amenable to any challenge
however an application either singly by you or jointly with defendant can be filed in court seeking clarification on the area measurement and rectifcation of the same, if any
1) Court can ask rectification of report and reproduce with explanations by any expert.
1. If the defendant is not satisfied with the division of proeprty and allotment of =his share then he may challenge or even prefer an appeal even though it is an exparte decree
2. It depends on how the argument is made by each side.
3. If it is a typo error, then the it can be rectified.
