AHER PITHAKERSON Vs. RAJIBAI RAMSI
HIGH COURT OF GUJARAT
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(1.) Though it cannot be said that the Collector has contravened the decretal command of the the court, it is certain that he has committed a clear error in reading the decretal command. The trial court also has committed an errro in holding that the decree was in executable. The trial court ought to have given proper directions to the Collector for effecting the partition of the suit land.
(2.) It was the duty of the Collector to read the decree as it was and give effect to it. The Collector has clearly failed to discharge his duty, he has not carried out the decretal command. The trial court failed to exercise jurisdiction vested in it when it accepted the report submitted by the Collector and did not give proper directions so as to give effect to the decree.
Rule made absolute. ;
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