Case brief
What is this about?
Final decree in partition suit (Title Suit No.129 of 2005) set aside by Division Bench (Rajasekhar Mantha, J. and Rai Chattopadhyay, J.) in FAT 414 of 2025, decided 08.04.2026. Appellant, aggrieved only by the Partition Commissioner's report (not the preliminary decree on shares), whose objection was filed belatedly and was admittedly vague, permitted to file comprehensive and detailed objections within one month with right to cross-examine the Partition Commissioner; Trial Judge to pass fresh final decree preferably within six months. Also covers condonation of 30-day delay in filing appeal and transposition of appellant No.2 (Sri Subhas Dhara) as respondent. Relevant to: objections to Partition Commissioner's report, cross-examination of court-appointed Commissioner, final decree proceedings, natural justice in partition suits.
What did the court decide?
FAT 414 of 2025 and CAN 3 of 2025 disposed of: impugned judgement and final decree dated 4th April, 2025 set aside; appellant permitted to file a comprehensive and detailed objection to the Partition Commissioner's report within one month before the Trial Court with right of cross-examination to the appellant and respondents; Trial Judge to pass a fresh final decree preferably within six months; 30 days' delay in filing the appeal condoned; Sri Subhas Dhara transposed as respondent; no order as to costs.