case there should be only one final decree, for if an application for the preparation of a final decree is made after default is made ... decree-holder can apply for the preparation of a final decree in respect of the first instalment.
39. Now, let us assume that the second
record and the preliminary decree passed in their favour.
Whatever be the reason no application for a final decree for
sale of the property ... sold under a final decree for Sale under the provisions of
0. 34 C.P.C.
In our opinion the second contention put forward
That judgment has become final and
that decision, which finally decided the points arising in
the preliminary decree, cannot now be challenged in this
Court ... appeal filed against the final
adjudication envisaged by the High Court at the stage of
passing the final decree It may be that the High
upon two expressions in Article 133 , namely the expression "judgment, decree or final order appealed from", and the expression "decision ... first expression rather than of the second. To my mind the expression "judgment, decree or final order appealed from" does not necessarily refer
decree the amount due from sets Nos. 2 to 6 was shown separately from the amount due from set No. 6. The final decree ... claims in respect of the amount due to him in the final decree obtained on 5th November 1932 as well as the amount
decree passed in Civil Appeal No. 798 of 1942 has become final. Against the portion of the trial court's decree that was against ... decree in Civil Appeal No. 6 of 1943. The result, therefore, is that the decision in Civil Appeal No. 798 of 1942 having become final
respect of which the certificate is sought, is not a judgment, decree or final order passed by this Court and, consequently, neither Article ... whether the order passed by this Court amounts to a judgment, decree or final order.
There was another preliminary objection that this order was passed
judgment, decree or final order" within the meaning of that expression as used in Article 133 of the Constitution. Secondly, whether or not facts ... what is proposed to appeal from is a judgment, decree or final order. The view taken by Beg J. is that having regard
emptor under a pre-emption decree on deposit of
the purchase-money in terms of the decree and was deemed to.
pass to him from ... properly substituted in
his place in the proceedings of the second appeals. It was
finally urged on behalf of the appellants that, in any
-vent
deals with the finality of the decree based on an award. It no doubt provides for an appeal where the decree is in excess ... curtail the existing right of appeal so as to give finality to a decree passed on an award in certain circumstances. The right of appeal
