The property can be identified with exactitude only in the final decree proceedings for partition. The property can be identified with reference to the boundaries and the extent in the instant case. The mere fact that a wrong re-survey number was shown in the preliminary decree does not fetter the hands of the final decree court.
2. The Advocate Commissioner can identify the partible property and the court shall pass a final decree in accordance therewith. The power is abundant under Order XX Rule 18 of the Code of Civil Procedure read with Order XXVI Rule 14(3) of the Code of Civil Procedure.
3. The Advocate Commissioner can reflect the correct resurvey number of the property in the report filed in the final decree proceedings. This is so notwithstanding the fact that a wrong re-survey number has been shown in the plaint and carried over in the preliminary decree.
2 OP(C) No. 3841/2011
4. There is therefore no necessity to amend the plaint or the preliminary decree for partition. The court below shall direct the Advocate Commissioner to execute the warrant and the final decree shall be passed without further delay.
The Original Petition is disposed of.
ncd V. CHITAMBARESH JUDGE