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1 - 6 of 6 (0.56 seconds)Section 97 in The Code of Civil Procedure, 1908 [Entire Act]
Article 227 in Constitution of India [Constitution]
Ganduri Koteshwaramma & Anr vs Chakiri Yanadi & Anr on 12 October, 2011
16. Reiterating the principle laid down in the case of
PHOOL CHAND(supra) the Hon'ble Supreme Court in the case
of GANDURI KOTESHWARAMMA (supra) has held that
having regard to the change or supervening circumstances,
preliminary decree can be modified before passing final decree
and in paragraph Nos.14 and 21 of the said order it is observed
as follows :-
Phoolchand And Anr vs Gopal Lal on 10 March, 1967
In the case of PHOOL CHAND (supra) the Hon'ble
supreme court has held that any number of preliminary decrees
can be passed and therefore in the event additional properties
is sought to be partitioned by including the same in the FDP, for
which separate preliminary decree can be drawn, which is
subject to an appeal as provided under Section 97 of CPC, no
hardship would be caused to the other side. If prayer made in
I.ANo.1 of 2019 is granted, it would avoid multiplicity of
proceedings and also serve the ends of justice.
S. Satnam Singh & Ors vs Surnder Kaur & Anr on 2 December, 2008
In the case of SATNAM SINGH AND ORS. V.
SURENDER KAUR AND ANR. - (2009) 2 SCC 562, the
Honb'le Supreme Court has held that the High Court had erred
in holding that additional properties cannot be added for
partition after the preliminary decree attained finality in terms
of Section 97 of the Code. It was observed in the said case that
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