Regular first appeal against a final decree in a partition suit directing sale by public auction. The appellant objected only to the decree being treated as an instrument of partition requiring stamp duty. Following a Full Bench decision, the High Court dismissed the appeal.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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versus
SUDHIR PURI & ANR .....Respondents Through: Ms. Puja S., Advocate for R-1.
Mr. Rajiv Bajaj and Ms. Shivani Bardia, Advocates for R-2.
CORAM: HON’BLE MR. JUSTICE PRATEEK JALAN O R D E R
% 15.10.2024
Page 1 of 3
RFA 340/2019
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 05:40:01
sale by public auction.
“5 At-this stage, counsel for the plaintiff prayed for initiating auction proceedings. As per Section 7 (b) of the Partition Act, the auction proceedings can be conducted in execution only as per the provision of the CPC especially Order 21 which can be done by filling separate execution petition as per law. Accordingly, this final judgment/decree is passed to the effect that share of the parties stands divided by one third each in respect of suit property and that the suit property is not divisible by metes and bounds despite making efforts. The inter-se sale of the suit property has not been achieved despite making efforts. Final decree be drawn accordingly. This decree be treated as an instrument of partition as defined in Section 2(15) of Indian Stamps Act, 1899 and the valuation for the said purpose be treated as per the latest report of the valuer filed on 05.01.2018.
6. Any of the party is/are at liberty to file execution petition after making payment of requisite court fees, getting registration of partition instrument and after making payment of stamp duty and registration charges, as per law. The expenses for the same shall be equally divided between the parties and adjusted in the sale proceeds accordingly. There is no order as to cost of the present suit. File be consigned to record room. Copy of order be given dasti, if desired.”
RFA 340/2019
Page 2 of 3
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 05:40:01
paragraph 1 of the judgment as follows:
“1. This judgment by the Full Bench is pursuant to a reference by a learned single judge, on two issues:
(i) When an order for sale of the property/properties is passed in a partition suit, whether such an order of sale is a final decree of partition or is just another preliminary decree passed after passing of the earlier preliminary decree declaring the shares of the parties in the property/properties of the partition suit.
(ii) On the answer to the aforesaid issue being given, a further consequential issue will have to be examined that if the order of sale is a final decree, then in such a case whether this final decree will be an “Instrument of Partition” as defined in Section 2(15) of the Indian Stamp Act, 1899 and which “Instrument of Partition’ is required to be stamped as per Article 45 of Schedule I of the Stamp Act.”
follows:
“I. An order of sale passed under Section 8 of the Partition Act is a final decree in a partition suit, and all proceedings towards sale of the property which is subject matter of the final decree of partition, have to take place in execution proceedings of this final decree.
II. An order of sale in a partition suit passed under Section 8 of the Partition Act is an instrument of Partition under Section 2(15) of the Stamp Act and requires to be stamped in accordance with Article 45 of the Schedule thereof.
III. The judgments of this Court in the cases of K.N. Khanna 2000 (55) DRJ 544: 2000 (87) DLT 286 (DB) and Sushil Kumar Gupta v. Smt. Prem Gupta and Ors. 2013 (135) DRJ 341 (DB) are hereby overruled.”
PRATEEK JALAN, J
OCTOBER 15, 2024/ MR/
RFA 340/2019
Page 3 of 3
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/07/2025 at 05:40:01
1 issue framed by the court
Whether a final decree directing sale by public auction in a partition suit must be stamped as an instrument of partition under Section 2(15) of the Indian Stamp Act before execution.
Colour shows how this judgement treated each authority
Indu Singh and Anr. v. Prem Chaudhary and Ors.Followed¶6
O. REF. 2/2018 in CS(OS) 1098/2005 dated 11.05.2018
3 provisions across 2 enactments
Sugandha Sethi
Sudhir Puri
Prateek Jalan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
