partition suit on record and after giving
an opportunity to the parties to lead any additional
evidence should decide, whether the partition decree
transfers ... partition of the assets of the firm there
has been a compromise on August 16, 1974, and that by the
partition effected by the decree
decree-holder
succeeds in realising his decree within this period
or he fails and there should be no provision
enabling the execution of a decree ... constitute final decree crystallizing the
rights of the parties in terms of the preliminary
decree. Till then, there is no executable decree as
envisaged
decree-holder succeeds in realising his decree within this period or he
fails and there should be no provision enabling the execution of a decree ... constitute final decree crystallizing the rights of the
parties in terms of the preliminary decree. Till then, there is no
executable decree as envisaged
effective final
decree for partition. Therefore, an
application claiming, pre-emption
at a time when the appeal against
final partition decree is pending
cannot ... partition
till final decree is passed and thereafter even at the stage
of execution of the final decree for partition so long as
the execution
begin to run is
"when the decree becomes enforceable". If a final decree for partition of immovable properties becomes enforceable on the date ... Limitation Act "is when the decree becomes enforceable." A decree for partition is also an "instrument of partition" as defined
final decree, and not a
preliminary decree, unless and until final decree is a part of the
preliminary decree.
Order XXI of the Code ... order is to be taken as a
final decree, and whether this final decree of partition is an "Instrument of Partition"
under Section
preliminary decree cannot for ever remain a preliminary decree, but contemplates a final decree upon which the decree-holder may take out execution, a term ... respect of other joint family property, the decree was the ordinary preliminary decree for partition of the form contemplated in Order XX, Rule
Rule 18(1) quoted hereinabove refers to a preliminary decree. The preliminary decree in a partition action is a step in the suit which continues ... Binraj , that final decree proceedings are mere continuation of the preliminary decree proceedings and there is no executable decree unless final decree proceedings are finally
there had been no change in his possession, as the previous partition decree proved to be infructuous.
3. Several written statements were filed in this ... previous partition suit, this witness should have realised rent from them. There can be no doubt, therefore, that the previous partition final decree never became
consideration of the circumstances set forth in the plaint to decree partition of the family properties, the imprimatur of the Court must be deemed ... decree for partition in a suit for partition brought on behalf of a minor coparcener unless it finds that the partition is for the benefit
