or. 9 , rule 13 C.P.C. and art.123 OF LIMITATION ACT

when a set aside EXPARTE petition filed for setting aside the EXPARTE decree, on the ground that from the date of knowledge as mentioned in art.120, and filed within 30 days from the alleged date of knowledge, no sec.5 petition condoning the delay under limitation act is necessary- 2010 SAR CIVIL 715.

GIFT WITH LIMITED RIGHTS -MOHAMMEDAN LAW.

UNDER SEC.164 OF MOHAMMEDAN LAW- GIFT WITH CONDITION - when a gift is made subject to a condition which derogates from the completeness of the grant, the condition is void and the gift will take effect as if no conditions were attached to it.--- When a gift is made gifting only rents for maintainence and not property, then sec.164 not applicable , even though a condition is mentioned for life time. but if a condition is imposed while gifting property itself with a condition of limited rights, that condition is void ABINTIO as per sec,164 of principles of Mohammedan law of Mulla-[ rent =usufruct=ariyat]-2010 [5] ALT 313.

PART PERFORMANCE SEC.53-A

THERE MUST BE AN AGREEMENT OF SALE FOR VALUABLE CONSIDERATION, IN WRITING. POSSESSION MUST BE DELIVERED OR PRIOR POSSESSION MUST BE CONFIRMED. VENDEE HAS TO COMPLETE HIS PART OF PERFORMANCE , NO BALANCE SHOULD BE LEFT OVER AS PER TERMS OF AGREEMENT OF SALE. THEN THE VENDOR CAN NOT CLAIM ANY RIGHTS AGAINST THE VENDEE , EVEN THOUGH TRANSFER IS NOT COMPLETED AS PER LAW [REGISTRATION OF SALE DEED].- WITHOUT POSSESSION UNDER AGREEMENT OF SALE AND BY FORCE ABLE POSSESSION, NO ONE CAN CLAIM, PART PERFORMANCE AND PROTECTION UNDER SEC.53-A-2007[3]ALT631

DELIVERY OF POSSESSION - NOT A STEP IN FINAL DECREE OF PARTITION SUIT

OR.20, RULE 18 DEALS WITH ONLY PASSING OF FINAL DECREE BY APPOINTING A COMMISSIONER BY METES AND BOUNDS EACH SHARE OF THE PARTY. BUT NOT DELIVER POSSESSION OF EACH SHARE TO EACH PERSON - IT IS ONLY FOR EXECUTION PART- 2006 [6] ALT 285.

AFTER PASSING FINAL DECREE - NO QUESTION OF AGAIN PASSING FINAL DECREE

OR. 20 , RULE 18 - AFTER PASSING FINAL DECREE BOTH PLAINTIFFS DIED WITHOUT OBTAINING INDIVIDUAL SEPARATE SHARES IN THE FINAL DECREE. THE LRS OF THE PLAINTIFF CANNOT ASK FOR RE-PASSING OF FINAL DECREE ASKING FOR SEPARATE SHARES AGAIN AND FOR PASSING ANOTHER FINAL DECREE AS THE COURT BECOMES FUNCTUS OFFICIO- 2006 [6] ALT 171.