... CITATOR INFO : RF 1972 SC 414 (32) ACT: Code of Civil Procedure (Act 5 of 1908), O.41, r. 1- Preliminary decree in partition ...of some parties- Redistribution of shares-No fresh preliminary decree drawn up-Appeal without copy of preliminary decree-If maintainable. Practice-If court could pass more than one ...law-Agarwala Jains--Share given to mother in partition suit-Right, whether absolute or limited. Will-Circumstances showing genuineness of. HEADNOTE: The appellant ...

...in Title Suit No. 106 of 2006 for opening of the stage of evidence and the defendant's application to present certified copy of the plaint, judgment and preliminary decree in Partition ...the trial court are the certified copies of the plaint, judgment and preliminary decree of Partition Suit No. 10 of 1934. It has a direct nexus with Title Suit No. 106 of 2006. Some of the properties ...suits i.e in Title Suit No. 106 of 2006 and Partition Suit No. 10 of 1934 are common. Moreover, the plaint, the judgment and the preliminary decree in Partition Suit No....

...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 the.../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 preliminary ...preliminary decree is passed in a partition suit, a right enures to the plaintiff to apply for a final decree for division of the suit property by metes and bounds; that whenever an appli...

...filed under Section 151 of CPC. 2. The grievance of present petitioner is that though he has the benefit of preliminary decree in partition suit, which is decided...proceedings, the petitioner's claim made in the application filed under Section 151 of CPC cannot be entertained. Therefore, I do not find any error in the order under challenge. As the preliminary decree...and decreed on 31.01.2009, the petitioner-plaintiff is unable to enjoy the fruits of the preliminary decree. The respondents/defendants are enjoying the income...

...registered instrument of partition or by a decree of the court. The only stage that has reached in the suit for partition filed by Respondent 1 is the determination of shares vide preliminary ...disputes that may arise after the preliminary decree, particularly in a partition suit due to deaths of some of the parties. … a second preliminary decree can be passed in ...decree, the only course open to him or her is to file an appeal or to seek other remedies vis-à-vis the preliminary decree. As long as the preliminary decree stands, the allotment of shares cannot be ...

...release deed in favour of Chunilal Sowcar, Jagannath filed a suit for partition of the property and obtained a preliminary decree. During the pendency of the suit, the appellants did not know that...amount to extrinsic fraud because that is a matter which could well have been traversed and established to be false by the appellant by adducing the necessary evidence. The preliminary decree in the partition ...on the part of Jagannath that he was left with no right in the property in dispute, vitiated the proceedings and, as such, the preliminary decree obtained by Jagannath by playing fraud on the court...

...for partition and separate possession filed, the Joint Civil Judge, Senior Division, Amravati, has passed the preliminary decree in Special Civil Suit No. 35 of 1985 and the widow (mother of respondent...this Court cannot interfere with such findings unless it is demonstrated to be perverse. The finding has not been shown to be perverse at all. 5. The preliminary decree in partition ...passing of preliminary decree in suit for partition and separate possession or giving of share to mother of Respondent No. 1 by itself is not sufficient to vitiate the permission granted by the Rent...

...has been filed against a preliminary decree in a partition suit. A partition suit stands on a peculiar footing. In a partition suit any of the party can claim t...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 a ...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 a...

...and the same was dismissed vide order dated 12-11-1976, the decision with respect to preliminary decree has attained finality.5. Defendant 25, daughter of Defendant 1, filed IA No. 854 of 1984 for passing ...appellants that in fact there was no dismissal of the suit in 1955 as held by the High Court in the year 1962. Thus, the sale deed dated 23-11-1959 was clearly during lis pendens. The suit was filed .... Plots comprised in Survey Nos. 68 and 69 were also sold to various persons. Survey No. 69 was also sold in entirety. A preliminary decree for partition was passed in OS No. 42 of 1962 ...

...by which a preliminary decree in partition suit has been passed and the order of Additional Commissioner dated 27.4.2015 dismissing the revision of the petitioner against the aforesaid order...the parties inherited from the common ancestor. A preliminary decree has been passed by the Sub Divisional Officer in the partition suit by order dated 7.12.2013 on the ground that in spite of...contention of the petitioner was that the summons issued in the suit was not served upon him as such he was not given opportunity to contest the suit and the preliminary decree passed was ex parte. The...

...further act is done, pass a final decree, if permissible. He is to give further direction as to if necessary. In the case of preliminary decree passed for partition, no further right necessarily ...that a final decree proceeding is a continuation of the suit and no question of limitation arises. After the suit for partition remains pending and a preliminary decree has been passed, the duty o...of preliminary decree in partition suit, drawing of the final decree is continuation of the said proceeding. It is improper, therefore, to say that the period of limitation would come into play. T...

...S.N Jha, J.:— This civil revision by the plaintiff is directed against the order dated 26-8-94 passed by the Vth Subordinate Judge, Siwan in Title Partition Suit No. 160 of 1981 allowing the petition of defendant...made by the counsel for either party. Arguments were made on a question of law, whether in a partition suit, after preliminary decree is passed, addition of further items of property for partition...properties which are subject-matter of the partition suit as mentioned in the preliminary decree. According to him, it would require a full-fledged adjudication which is not possible at the stage of...

...1976 preliminary decree for partition was passed & the total extent of land involved in the suit was described as Ac. 21.95 dec. consisting of 7 plots including C.S Plot No. 2644 comprising of an area...should correct in exercise of power under Section 152 of the Code of Civil Procedure.7. There is no dispute that the preliminary decree was passed showing Plot No. 2644 with an area of Ac. 4.48 dec. A ...of Ac. 4.48 dec. In the preliminary decree the, Petitioner-Defendant No. 1 got her due share. In the, final decree proceeding, during the course of measurement of the suit property the Civil Court...

...loan. The Bank filed a suit claiming a sum of Rs 1,15,312.62 with pendente lite and future interest as also for a preliminary decree as regards the mortgaged property admeasuring 95.20 acres. In the said ...passed in Partition Suit No. 17 of 1976 as also for setting aside the order in CR No. 1700 of 1990.8. The appellant herein also filed an application in the said ...had no interest in the suit property and that the preliminary decree prepared in the partition suit is fraudulent, collusive and void obtained in collusion with Arun Prakash Pand...

...compromise has been filed in the final decree proceeding, concluded that the function of final decree is merely to restate and apply with precision what the preliminary decree has ordered. Thus, the final ...given full opportunity to contest the suit for which, if required, the Court can always reopen the preliminary decree as it is a settled law that in a partition suit, several preliminary ...the preliminary decree but that does not mean that a preliminary decree, before the final decree is passed, cannot be altered or amended or modified by the Trial Court in the event of changed or s...

...M.P Case No. 2087 of 2003.2. The petitioner's case is that he being a co-owner in respect of the property as described in Schedule ‘A’ obtained a preliminary decree in Partition ...in passing the said order.5. Mr. Diptendu Majumder, learned Counsel for the petitioner, on referring to the impugned order contended that pendency of the partition suit between the...T.S No. 73 of 1990 in the Court of learned Assistant District Judge, now Civil Judge (Sr. Div.), 2nd Court, Howrah where his 13/48th share was declared, and it is now pending for Partition...

...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 suit...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 while passing final...

...of the suit. Against the preliminary decree declaring that the plaintiff is entitled to for partition and separate possession of his 11/20th share defendant preferred A.S. No. 1150 of 1990; whereas against that par...extent of his share. 10. In Basavayya v. Guravayya, , the Full Bench of the Madras High Court considered the scope of preliminary decree in partition suit where ...and the general declaration of rights in the preliminary decree have to be worked out with due regard to the realizations of profits and drawings by the parties subsequent to the institution of the suit...

...adjudicating as insolvent the plaintiff in a partition suit in Madras High Court. The preliminary decree in partition suit was attached in 1926 by the ...attachment of the decree in the Madras partition suit…..6. In Galbraith's case, Lord Lore burn states the test as follows:“In each case the question will be whether th...Shah A.P, J.:— This is an appeal from an order of the learned Single Judge dated 20-4-2005 in Chamber Summons No. 531 of 2005 staying the execution of a money decree. The appellant is the...

...appointment of Commissioner, no limitation is prescribed for this purpose, as such, it would not be barred by limitation, lis continues till preliminary decree culminates in to final decree....:“15. I turn to consider the question of obligation of the Court and the parties after a preliminary decree is given in a partition suit. I do not propose to discuss that...not completely dispose of the suit. Further proceedings await the suit to work out and adjust the rights of the parties. The Court cannot dismiss a suit for default when once a preliminary decree is passed...