2023 CLC 1875
When basic order/judgment/decree is found illegal or void then the entire superstructure built on it falls on the ground .
Marked document --- Evidentiary value --- Document which has not been produced and proved in evidence but only marked cannot be taken into account as a legal evidence of fact by the Courts .
Preliminary decree in suit for partition of immovable property --- Scope --- Preliminary decree determines the rights / shares of as many parties as interested in the property --- However , the question , as to whether a property is joint one , is to be determined prior to preliminary decree --- Preliminary decree only comes out as a consequence of determination of substantive rights of the parties --- Preliminary decree without determination of the shares of the parties being defective one is neither sustainable nor executable .
Local Commission --- Powers and liability --- Suit for partition of immovable property --- Local Commission has no power to determine the right / share of any party to suit for partition of immovable property --- Commission is appointed only to prepare the mode of partition at the spot in view of the shares determined by the Court in preliminary decree --- Gommission cannot assume the role of the Court , rather only can propose the allotment of specified share to the parties determined in preliminary decree .
2023 CLC 1875
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