preliminary decree followed by a final
decree, or there can be a decree which is a combination of preliminary
decree and final decree or there ... there is really no judgment-debtor in a partition decree. A
preliminary decree for partition only identifies the properties to be
subjected to partition, defines
1984
for passing a final decree in terms of the preliminary decree passed in the
partition suit. During the pendency of the final decree proceedings ... ultimately the
final decree came to be passed on 7.7.2005 in terms of the preliminary
decree dated 24.11.1970. In the final decree proceedings initiated
decrees, namely,
preliminary decree and final decree, and that ordinarily the
preliminary decree settles the rights of the parties and the final
decree works ... decree. The net receipts of the mortgaged property by the
mortgagee subsequent to the preliminary decree are outside the
scope of the preliminary decree: they
preliminary decree was passed and an appeal was also preferred against the preliminary decree and that appeal was also dismissed confirming the preliminary decree passed ... normally two decrees; (1) a preliminary decree, and (2) a final decree. Any order passed between preliminary and final decree is an interlocutory order although
here, after the preliminary decree, but, before the final decree, and, during the pendency of an appeal from the preliminary decree, one of the appellants ... terminated in a preliminary decree. That decree cannot be altered or rendered nugatory without its reversal.
Therefore, when the preliminary decree has
become final
Code of Civil Procedure ( CPC ),
1908 impugns the judgment and preliminary decree of partition dated 5th May,
2010 (of the Court of Additional District Judge ... final decree
proceedings for auction of the property was barred by Section 97 of the CPC as
the preliminary decree for partition had not been
partition and not for even to file
suit and get preliminary decree for partition.
12. In fact, the bar has no longer to survive ... defendant respectively entitled to each 1/6th share in passing the
partition preliminary decree by granting 1/6th share each to the plaintiff
declared in the preliminary decree. The court has always power to revise the preliminary decree or pass another preliminary decree if the situation ... passing of preliminary decree events have taken place necessitating readjustment of shares as declared in the preliminary decree, modification in the preliminary decree
preliminary
decree if after passing the preliminary
decree events have taken place necessitating
the readjustment of shares as declared in the
preliminary decree ... declared
in the preliminary decree. The court has
always power to revise the preliminary
decree or pass another preliminary
decree if the situation
preliminary
decree if after passing the preliminary
decree events have taken place necessitating
the readjustment of shares as declared in the
preliminary decree ... declared
in the preliminary decree. The court has
always power to revise the preliminary
decree or pass another preliminary
decree if the situation
