Partition Decree Executable Only After Stamp Duty Payment: Calcutta High Court

The Calcutta High Court has held that a final decree in a partition suit becomes executable only after payment of the requisite stamp duty and proper engrossment on stamped paper.

The Court clarified that the decree holder may deposit stamp duty for the entire property to avoid delay in execution and later recover proportionate shares from other co-sharers.

Emphasising that procedural requirements should not defeat substantive justice, the Court directed the executing court to proceed with execution upon such payment and ensure satisfaction of the decree within one month.

[Sri Sandip Kumar Saha v. Somnath Saha & Ors.]