Wrongly mentioned partition suit in preliminary decree, what to do

Hi sir , my case is in pending from past 12 years. I have a ancestors property and Final judgment has been done on my favour in 2008. But I trusted my relatives and dint see the preliminary decree. We got a orders from court to appoint commissioner to have survey process. But recently I got to know that one acre is missed in property schedule . Instead of mentioning 2 acre, they have wrongly mentioned 1 acre . I am totally panic now. What is the next procedure to make this corrected? Lawyers have misguided me so far and dint educate us properly.

Answers (3)

240 votes

You have to file an application seeking rectification of the same....the documents have to be filed along with it in order for the same.... The court then will rectify the same and then you can file an fdp

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255 votes

Ask your lawyer to reopen the case and file an application by showing the court that the final judgement has been in your favor and submit the court that one acre in favor of you is is missed in property schedule instead of two acres and it is mentioned wrongly mentioned as one acre and ask for correction and request the court to reopen the case for rectification, after hearing and giving notice to other parties court will hear and do needful.

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176 votes

Raise this objection in the final decree proceedings as the description of the property was not given properly
But you ought to have raised this objection in the written statement itself.. coming to this stage your scope being limited you can challenge it in final decree .

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