decided and Preliminary decree was passed.
2-That after passing of Preliminary decree the plaintiff decree the plaintiff applied for final decree and a commissioner ... stamping of final decree, hence the final decree passed in favour of the applicant's could not be stamped nor was the final decree
after passing of preliminary
decree for partition, the decree cannot be made effective
without a final decree. The final decree made in favour ... supply stamped paper
for passing final decree does not amount to passing a
final decree. Until the final decree determining the
rights of the parties
compromise decree dated 20.02.2023 was passed by the Trial
Court. Subsequently, on 01.06.2023, final decree was drawn on the
requisite stamp paper provided ... fresh / new Final Decree
as per the Compromise Decree dated 02.01.2021.
(iv) Immediately upon the petitioners
furnishing a fresh stamp paper, the trial Court
submitted
that a decree for partition takes the character of a joint decree.
10. Mr. Banerjee submitted that a final decree ultimately declaring the shares ... derogate from the position that the decree in question is a
final decree and would require payment of stamp duty for attaining validity
judicial stamps were deposited. It is
undisputed by the plaintiff that the non-judicial stamps were not deposited,
and therefore, the final decree ... stamps, it cannot be
enforced, and it can be enforced only when engrossed on proper stamp and
registration. In this case, admittedly, the final decree
drawing up the final decree. Needless to
state that the suit comes to an end only when a final decree is
drawn. Therefore, we direct ... final decree. For the
purpose of drawing up final decree, the person in whose favour final decree
is passed is required to deposit required stamp
equities remain to be worked
out in final decree proceedings. Till partition
is carried out and final decree is passed,
there is no question ... till
preliminary decree culminates into final
decree."
All the aforesaid authorities are not applicable to the
present case, as the final decree could
present
CMP application is with regard to determination of Stamp Duty in
a Final Decree proceeding bearing No.562 of 2011, arising ... court has directed the parties to furnish required
stamp papers for passing of the final decree as per the report
submitted by the Survey Knowing
into final
decree in I.A.No.257 of 2017, dated 6.4.2018.The final decree has
been incorporated in non judicial stamp paper
apply for passing of
final decree.”
5. Based on the preliminary decree, application was
submitted for preparation of final decree. The Trial
Court after considering ... report
of the Commissioner proposing lots, passed a final
decree in the following terms:
“Accordingly, final decree is passed as follows:
1. The plaint schedule
