#Partition Suits

Karnataka High Court rules that trial courts must permit production of material documents even after evidence closure in partition suits under Order VII Rule 14 CPC, provided costs are imposed and strict timelines are adhered to. This ensures substantive justice prevails over procedural rigidities, particularly in family property disputes where delayed document discovery may occur.

The Madras High Court held that courts must proceed suo motu to pass final decrees in partition suits under CPC Order XX Rule 18, eliminating the need for a separate application. Appointment of an Advocate Commissioner for division is lawful and does not prejudice the right to appeal the final decree.

Calcutta High Court holds that a final decree in partition suits is not executable unless fully stamped as per Indian Stamp Act, clarifying procedural compliance under CPC.

Bombay High Court holds that remand under Order XLI Rule 23A CPC cannot be ordered mechanically for non-framing of issues without examining prejudice or evidence on record.