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1 - 9 of 9 (0.21 seconds)Section 151 in The Code of Civil Procedure, 1908 [Entire Act]
Biraji @ Brijraji vs Surya Pratap And Ors on 3 November, 2020
In Biraji @ Brijraji and another v.
Surya Pratap and others 1 the Apex Court observed that it is
fairly well settled that in absence of pleading, any amount of
evidence will not help the party.
Ganduri Koteshwaramma & Anr vs Chakiri Yanadi & Anr on 12 October, 2011
In Ganduri Koteswaramma and another v.
Chakiri Yanadi and another 2 the Apex Court observed that it
is not correct statement of law that once a preliminary decree
has been passed, it is not capable of modification.
S. Satnam Singh & Ors vs Surnder Kaur & Anr on 2 December, 2008
In S. Satnam
Singh and others v. Surender Kaur and another 3 the Apex
Court observed that indisputably, Section 97 of the Code of Civil
Procedure provides for an appeal against preliminary decree but
2 (2011) 9 Supreme Court Cases 788
3 (2009) 2 SCC 562
8 MGP,J
CMA_1035_2012
the said provision, in our opinion would not be a bar to file an
application for amendment of decree.
Maddineni Koteswara Rao vs Maddineni Bhaskara Rao & Anr on 5 May, 2009
In Maddineni Koteswara Rao v. Maddineni Bhaskara
Rao and another 5 the Apex Court observed as under:
The Code of Civil Procedure, 1908
Phoolchand And Anr vs Gopal Lal on 10 March, 1967
In view of the principle laid down in the above said
decision, there is no doubt that mere adjustment of the shares
of the parties does not bring about any alteration in the
preliminary decree. But in the case on hand, the final decree
passed by the trial Court is affecting the merits of the case as
allotment of share of the deceased plaintiff to plaintiff No.2 on
the basis of alleged registered Will Deed will cause prejudice to
the defendant No.2 and there is no adjustment of shares
between the parties and in fact, the right of defendant No.2 over
the share of the deceased plaintiff is being affected.
Section 99 in The Code of Civil Procedure, 1908 [Entire Act]
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