Section 97 in The Code of Civil Procedure, 1908 [Entire Act]
Appeal from final decree where no appeal from preliminary, decree .-
Where any party aggrieved by a preliminary decree passed after the commencement of this Code
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1 - 10 of 55469 (6.78 seconds)Ganduri Koteshwaramma & Anr vs Chakiri Yanadi & Anr on 12 October, 2011
shares as declared in the
preliminary decree. The court has always power to revise the
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preliminary decree or pass another preliminary decree ... conformity with the preliminary decree but that does not mean that a
preliminary decree, before the final decree is passed, cannot be
altered or amended
Phoolchand And Anr vs Gopal Lal on 10 March, 1967
Preliminary decree in partition suit-Death of some parties-
Redistribution of shares-No fresh preliminary decree drawn
up-Appeal without copy of preliminary decree ... fresh preliminary decree as two of the parties had died
after the preliminary decree and before the final decree was
passed. Further as there
Prema vs Nanje Gowda & Ors on 10 May, 2011
preliminary decree and a final decree -- the
decree which would be executable would be the final decree.
But the finality of a decree ... decrees, namely,
preliminary decree and final decree, and that ordinarily the
preliminary decree settles the rights of the parties and the final
decree works
Mool Chand And Ors vs Dy. Director Consolidation And Ors on 16 August, 1995
Appeal from final decree where no appeal from preliminary decree -
Where any party aggrieved by a preliminary decree passed after the
commencement of this Code ... decrees, namely preliminary decree and final decree, and
that ordinarily the preliminary decree settles the rights of the parties
and the final decree works
Indu Singh And Anr. vs Prem Chaudhary And Ors. on 11 May, 2018
final decree, and not a
preliminary decree, unless and until final decree is a part of the
preliminary decree.
Order XXI of the Code ... decree will, therefore, not affect its character as a final decree. The final
decree merely carries into fulfilment the preliminary decree."
Taking note
S. Narayana Reddy And Others vs S. Sai Reddy on 2 February, 1990
appeal was also preferred against the preliminary decree and that appeal was also dismissed confirming the preliminary decree passed by the trial Court ... second preliminary decree particularly in partition suits where shares specified in the preliminary decree have to be adjusted so long as a final decree
Krishna Gupta And Anr. vs M/S Rajinder Nath & Co Huf And Ors on 11 February, 2013
conformity with the preliminary decree
but that does not mean that a preliminary
decree, before the final decree is passed, cannot
be altered or amended ... decree has
been passed on 26.12.1973, but no final
decree has been passed. The plaintiff
himself filed an application for passing a
final decree
Maddineni Koteswara Rao vs Maddineni Bhaskara Rao & Anr on 5 May, 2009
joint property in which a preliminary decree was
passed before passing a final decree. The father and the
mother of the appellant died ... Appeal from final decree where no appeal
from preliminary decree- Where any party
aggrieved by a preliminary decree passed after
the commencement of this Code
G.Selvam vs Kasthuri (Deceased) on 10 July, 2015
decree passed by the Trial Court is liable to be set aside on the ground that the Trial Court had passed a preliminary decree ... defendant died even prior to the passing of the preliminary decree. The judgment and decree passed by the trial court is against the provisions