Section 448 in Goa Succession, Special Notaries and Inventory Proceeding Act, 2012
448. Rescission of partition.
- (A) Suit for rescission:(1)A suit for rescission of the judicial partition which has become final, may be filed where there is preterition or non joinder of any of the co-heirs and if it is found that the other parties acted fraudulently or mala fide, whether the malicious conduct relates to the preterition or to the partition.(B)Application for review:(2)Rescission of a judicial partition may be obtained by filing a review application in the same court in the following circumstances:-(a)When it is proved in criminal proceeding, resulting in a conviction which has become final, that the order which is sought to be reviewed was passed by giving of bribe, corruption or influence;(b)When a judgment and order of conviction which has become final is produced wherein it was held that the depositions or declarations of the experts, which might have affected the order that is sought to be reviewed, are false.The period of limitation to file a review on both the above grounds is 30 days reckoned from the date on which the order on the basis of which the review is filed had become final.(3)The review application may be filed in the very same court which passed the order, within 30 days from the date on which the party has secured the document, or acquired knowledge of the fact which is the basis for the review, on the following grounds:-(a)When a decision is based on a false document or judicial act and this issue was not considered in the proceeding when the decision was given;(b)When a new document is produced, which was not in the possession or power of the party or the party did not know about the existence and such document is itself sufficient to cancel the evidence on which the decision is based;(c)When the admission, withdrawal or compromise on which the judgment is based, is revoked or there is a valid ground for revoking the same;(d)When the admission, withdrawal or compromise is null, due to lack of mandate or insufficiency of powers of the attorney, unless the order homologating or ratifying the partition has already been personally served on the principal;(e)When the inventory proceeded by default and the party was not served with summon or the summon is null;(f)When the judgment is contrary to another judgment which constitutes res judicata and the party proves that he had no knowledge of the judgment during the pendency of the proceeding.(4)Where the rescission is sought on the basis of a document, the plaint or the review petition, as the case may be, shall be accompanied by the respective certified copy.
