amending the preliminary decree or passing a fresh preliminary decree to make it in conformity with the preliminary decree in O. S. 1257/59 which ... final, decree then no final decree could be passed in conformity with such a preliminary decree because the preliminary decree ceases to be a binding
case is remanded to the lower Court for passing a revised preliminary decree in the light of this judgment, after making such further enquiry ... such costs will abide and be provided for in the revised preliminary decree. The lower Court will make its own order as to costs
stated that the preliminary decree passed by the learned court
below is against the law hence preliminary decree be revised.
5. It appears that ... appeal has been filed against the preliminary decree, the said
preliminary decree can be revised at the time of preparation of final
decree
party to the final
decree proceedings, then the decree passed therein cannot
be executed since the executability of the decree would
certainly be raised ... legal
representative of deceased 1st defendant therein and to
have a revised preliminary decree.
R.S.A. Nos. 1182/2004 & 648/2010
liminary decree if after passing of the preliminary decree
events have taken place necessitating the readjustment of
shares as declared in the preliminary decree ... passing of a
preliminary decree for partition even if such decree was passed before
20.12.2004 are confirmed. A preliminary decree can be amended in
order
final
decree is always required to be in conformity with the
preliminary decree. If any party wants alteration or change
of preliminary decree, the only ... preliminary decree if
after passing of the preliminary decree events have taken place
necessitating the readjustment of shares as declared in the
preliminary decree
preliminary decree if after passing of preliminary decree events have taken place necessitating the readjustment of shares as declared in preliminary decree. The Court ... always power to revise the preliminary decree or pass another preliminary decree if situation in changed circumstances so demand- Suit for partition continues after passing
parties. . . . .a second preliminary decree can be passed in partition suits by which the shares allotted in the preliminary decree already passed can be amended ... preliminary decree if after passing of the preliminary decree events have taken place necessitating the readjustment of shares as declared in the preliminary decree
preliminary decree,
the suit continues until the final
decree is passed. If in the interregnum
i.e. after passing of the preliminary
decree and before ... preliminary decree if
after passing of the preliminary decree
events have taken place necessitating
the readjustment of shares as declared
in the preliminary decree
preliminary decree,
the suit continues until the final
decree is passed. If in the interregnum
i.e. after passing of the preliminary
decree and before ... preliminary decree if
after passing of the preliminary decree
events have taken place necessitating
the readjustment of shares as declared
in the preliminary decree
