schedule properties. A preliminary decree was passed on 7-10-1992 after contest. The plaintiffs filed an appeal questioning the Preliminary Decree with a delay ... Orissa High Court held that under Order 6 Rule 17 CPC amendment of the written statement seeking withdrawal of admission of a fact, which
jurisdiction whatsoever to pass orders amending the preliminary decree, inasmuch as the said preliminary decree is modified by the High Court ... consideration at the time of passing of preliminary decree. The trial Court further observed that the preliminary decree was passed to divide the house
final decree on 12-12-1942. The final decree superseded the preliminary decree. Thenceforward it is the final decree alone which determines the liability ... preliminary decree has been superseded by the final decree and it is this decree under which the liability to pay subsists. If this final decree
amount due under the preliminary
decree. Accordingly the defendants deposited the money
towards the satisfaction of the preliminary decree.
After about 2 years, another division ... preliminary decree but on the
final decree which was passed in the meanwhile, the auction
sale which was held in pursuance of the final decree
passed the preliminary decree, for the amendment of the decree in accordance with Section 8 , Debt Redemption Act. The applicant, decree-holders objected ... preliminary decree amended. This contention of the decree-holders was overruled by the Munsif and he ordered amendment of the decree. Being aggrieved by this
plaintiff-decree holder filed separate petitions for amendment
of the plaint, amendment of the preliminary decree, amendment of the final decree
and amendment ... amendment of the plaint was allowed. Thus, the
other parts of the impugned order, by which the petitions for amendment of
preliminary decree, final decree
preliminary decree can be passed, particularly in partition suits where parties have died after the preliminary decree and shares specified in the preliminary decree have ... fresh preliminary decree as two of the parties had died after the preliminary decree and before a final decree was passed."
In this case
Rule 17 was for an amendment to the plaint and not for an
amendment to the preliminary decree and as such the very
basis ... statement that it was the amendment of the plaint and not the
amendment of the preliminary decree that had been prayed
for, the very basis
errors had formerly appeared, themselves amended as a preliminary reguisite to the amendment of the decree.
(Emphasis supplied).
58. In Shiam Lal case (supra ... plaint as well as in the preliminary decree and the final decree.
59. The plaintiff applied for amendment of the plaint, preliminary decree and final
minor son. The plaintiff filed a suit and
obtained preliminary decree for the sale of defendant No.1's interest in the
mortgaged property ... filed appeals and subsequently moved an amendment to challenge the
preliminary decree. The amendment was allowed and the High Court set
aside the preliminary decree
