... CITATOR INFO : RF 1972 SC 414 (32) ACT: Code of Civil Procedure (Act 5 of 1908), O.41, r. 1- Preliminary decree in partition ...suit. Hindu law-Agarwala Jains--Share given to mother in partition suit-Right, whether absolute or limited. Will-Circumstances showing genuineness of. HEA...passed, and a change in the shares is necessitated, the trial court can and should pass a second Sup. C.1.167-11 154 preliminary decree correcting the shares; and, i...

...in Schedule “C”, plaintiffs claimed undivided half share with Defendant 1 Ganesh Narain Mathur. There was also a claim for partition for other properties set out in the plaint. This suit ended in ...has been filed against a preliminary decree in a partition suit. A partition suit stands on a peculiar footing. In a ...heard on merits by the High Court.18. In the peculiar facts and circumstances of this case, bearing in mind that the appeal is from a preliminary decree in ...

...Adami, J.:— These appeals are against the preliminary decree in a partition suit. The only point attacked in that decree is the awarding of costs to the plaintiff. The...Court as in the Calcutta High Court it has always been the general rule that up to the passing of the preliminary decree in a partition suit each party will bear its own costs. There is p...principle. In every partition case, before a suit can be instituted, there must be a demand and a final refusal. In the present case there was a demand and refusal, but the defen...

...directing the partition of the properties mentioned in the petition should not be stayed pending the hearing of the appeal preferred to this Court by the petitioner against a preliminary decree in..., and it is admitted by the learned counsel, who appears in support of the Rule that he cannot bring the case whithin any of the sections of the Code which relates specifically to a stay of execution...of decrees. His contention is that on general principles the Court must have the authority which he asks us now to exercise.In out opinion, however, our powers of interference with the...

...filed in this Court on 7-12-1953. It was contended on behalf of the petitioners that there had been a preliminary decree in a partition suit against which an appeal had been file....5. It will be noticed that in Rr. 3 and 4 the; question of substitution arises on the death of a plaintiff or defendant when the right to sue survies. Where a preliminary decree has been ma...340 (AIR V 29) (A), and — ‘Raghunandan Sahu v. Badri Pandey’, 1945 Pat 380 (AIR V 32) (B). He urged that in...

...Lok Adalat in a suit for partition was admissible in evidence as a decree of a court is a public document. The trial court also held that for a ...-defendants submitted that as even a decree in a partition suit entailed a conveyance of property it was liable to be registered and the one relied upon by the respondent-plaintiff ...misdirection in law or suffer a jurisdictional error. The impugned order dated 7-8-2015 is well considered and buttressed by the judgment of the Hon'ble Supreme Court in the case of Jaswant Singh v...

...This Revision is directed against the order rejecting the I.A.Sr.No.149 of 2020, an application filed for setting aside the preliminary decree in a partition suit, on ...contention that the decree was obtained by fraud and suppression of material facts. 2. The preliminary decree was passed in the suit in O.S.No.454 of 2004 on 28.06.2.... 7. While it is open to the petitioner to launch separate proceedings by way of a suit, challenging the preliminary decree, I do not think this application can be entertained and the...

...G.S Singhvi, J.— The question which arises for consideration in this appeal is whether the appellant, who failed in her challenge to the preliminary decree passed in a ...preliminary decree by joining other defendants who had filed Regular Second Appeal No. 624 of 1998, the application filed by her could not have been dismissed as not maintainable because till then the joint family property had not b...Reddy AIR 1990 AP 263. The facts of that case were that the preliminary decree passed by the trial court in a partition suit was confirmed by the High Court with a direction that whil...

...direct." 3. Contention of the learned counsel for the petitioner is that after the preliminary decree in a partition suit and an application has been moved for preparation of final .... Accordingly, the present petition stands disposed of finally with a direction to the Civil Judge (Senior Division)/Fast Track Court, Muzaffarnagar to consider and decide the aforesaid application, in...proceedings of Misc. Case No. 257/2022 arising out of Original Suit No. 372 /2013: Vipul Mittal Vs. Yogendra Kumar Garg, expeditiously or within such time period as this Hon'ble Court may...

...in terms of preliminary decree.2. The facts in brief that led to the filing of an application by the plaintiff for passing a preliminary decree in the ...:The plaintiff filed the suit for partition and the Court passed a preliminary decree on 26-12-1973 declaring that he is entitled to 1/3rd share in the plaint A, C and D sch...appeal was also dismissed confirming the preliminary decree passed by the trial Court and in that situation the contention of the defendants that the properties have not yet been divided and so the unmarried daughters are a...

...petition is whether as contended by the learned Advocate for the petitioner, the lower Court has no jurisdiction to impleaded the respondent Vijayarangam as a party to the partition suit after the preliminary ...in that case whether the preliminary decree for partition obtained by the sons of the insolvent which was affirmed finally in second appeal by this High Court can be regarded as a ' final decision...Section 28-A of the Provincial Insolvency Act in dealing with a preliminary decree in a suit fo...

...point, as the question there was of an appeal from a preliminary decree in a partition suit after the final decree had been passed. The case of...the date of the decree of the lower Appellate Court the present Appellant preferred this appeal to this Court.A preliminary objection has been taken that this appeal cannot proceed. The...order without appealing from the decree in the suit.” This decision was followed by Mr. Justice Stephen and Mr. Justice Mookerjee in the case of Baikantha Nath Dey v. Nawab Salimullah...

...be said to have acquired the Property under the decree. Her right is merely declared. Such a declaration of a pre-existing right in a property cannot be said to be an acquisition of property by a ...does the direction in the preliminary decree to allot to her property to be held by her in severalty in lieu of her undivided share in the point estate amounts to acquisition of new property by he...a suit for partition of the Nawan estate, being Suit No. 1970 of 1933 Gopal's share in the estate was allotted to Prosadmoni by the final decree passed in 1949. The properties allotted to...

...plots and some movables.2. After contest the suit was decreed on 25-2-1964 directing a preliminary decree for partition to be drawn in regard to the one-third share of t.../shares of the plaintiff had been finally determined by a preliminary decree, there is no limitation for an application for affecting the actual partition/division in accordance with the ...said order was challenged by the petitioner in a revision petition which was dismissed by the High Court order dated 15-1-2009. The petitioner has filed this special leave petition seeking leave to appeal against the said decision o...

...the Trial Court passing the preliminary decree in a partition suit as upheld by the High Court, does not deserve interference by this Court as admittedly there is no challenge to the same by any o...no right, title or claim in the suit property. The defendants were directed to demolish the construction raised in violation of the Municipal Laws. It is the aforesaid preliminary decree which was...by Sheela widow of Narendra Fiske for declaration, partition and separate possession of the family property. In the aforesaid suit, counter claim was filed by the defendant nos.1, 4 to 8. The...

...plaintiffs, filed a suit for partition of the properties, claiming their 2/6th share in the entire items of the property. Subsequently, preliminary decree, dated 18/3/2013 was passed by the Princi...Bhargava), there is nothing in the Civil Procedure Code, which prohibits the passing of more than one preliminary decree in a partition suit, if circumstances justify it and if it is ...advantageous to do so. However, passing of the second preliminary decree at this stage is not essential as both the parties agreed for inclusion of the properties. 6. Therefore, in view of...

..., from original decree, is against the preliminary decree in a partition suit. The appellants were the dependants before the courts below. During the pendency of the appeal, which as note...Court of 2nd Additional Subordinate Judge, Chapra, which was for execution of final decree prepared in respect of judgment and decree arising from partition suit no. 157/1971 dated 30.04.1976 passed by...against the preliminary decree an application was filed in this appeal on behalf of the appellants on or about 24.10.1981 under Order 41 Rule 5 of the Code of Civil Procedure...

.... 21 - a/1999 whereby the order dated 5 - 4 - 1999 passed by civil judge, class - i, sarangpur was affirmed. The brief facts are as under. (2) The respondent no. 1 had filed a suit for partition of...determines civil rights of the parties with regard to all or any of the matters in controversy in the suit. In the considered opinion of this court, normally a preliminary decree ..., subject to appeal, conclusively finalises matters relating to declaration of rights and interest, while final decree works out those rights. In a partition suit, unless final decree is not drawn...

...defendant has admitted the rights of all the sharers in the said property. Lower Court has accepted this application and directed the drawing up of a preliminary decree for partition of schedule-A...has exercised its discretion properly by directing a preliminary decree to be made in respect of the property over which there is no dispute at all and therefore Order 12 Rule 6 CPC was r...Shivashankar Bhat, J.:—Revision Petition is by the first defendant in a suit for partition, filed by the first respondent herein. On the death of the father of the main...

...JUDGMENT 1. The plff., here respondent, obtained a preliminary decree for partition of joint family properties, & later on, during the pendency of the partition ...& Krishnan JJ. held that if a preliminary decree in a partition suit either "intentionally or inadvertently" omitted to direct an enquiry into future profits a subsequent app...), Civil P. C., provides that if a partition of immovable or movable property cannot be conveniently made without further enquiry, the Court may pass a preliminary decree "declaring the rights of ...