Civil Procedure Code, 1908, Order 20, Rule 18 -- Not necessary to pass preliminary decree if rights of parties finally determined and no further enquiry remains to be held for purposes of completing proceedings in partition - Nothing in law which prevents Court from passing a final decree in the very first instance...........
Civil Procedure Code, 1908, Section 2(2), Order 20, Rule 18 -- Preliminary decree and final decree, distinction between - Preliminary decree merely declares rights and liabilities of parties, leaves room for some further enquiry to be held and conducted pursuant to directions made in preliminary decree - Final decree is a decree passed after enquiry conducted and rights of..........
Civil Procedure Code, 1908, Order 34, Rule 8, 7(1), 7(2) -- Usufructuary mortgage - Final decree in redemption suit - Limitation - Court in preliminary decree fixed time for payment of amount declared due - Default in depositing payment - Mortgagor not debarred from his right to redeem mortgaged property - Sub-rule (2) of Rule 7 Order 34 providing for extra time to..........
Civil Procedure Code, 1908, Section 97 -- Suit for partition - Preliminary decree passed - No appeal filed by aggrieved party - Held, it is not open to such aggrieved party to raise the contention that he was a tenant of the suit premises at the time of passing of the final decree...........
Civil Procedure Code, 1908, Order 34, Rule 7, 8 -- Final decree - Limitation to file application to pass a final decree starts to run from the date of expiry of the period fixed in the preliminary decree and if no period is fixed, within six months from the date of the preliminary decree unless it is extended by an order of the Court...........
Evidence Act, 1872, Section 40, 41, 42, 43 -- Previous judgment - Relevancy - (1) the previous judgment which is final can be relied upon as provided under Sections 40 to 43 of the Evidence Act; (2) in civil suits between the same parties, principle of res judicata may apply; (3) in a criminal case, Section 300 Cr.P.C. makes provision that once a person is convicted or..........
Civil Procedure Code, 1908, Section 151, Order 34, Rule 8 -- Suit for foreclosure of mortgaged property - Preliminary and thereafter final decree passed - Objections that preliminary decree did not cover the land of one Karam Singh or his share - Neither taken at the time of preliminary decree nor in appeal or revision - Held, executing Court rightly rejected the..........
Criminal Procedure Code, 1973, Section 145 -- Dropping of proceedings u/s 145 Cr.P.C. - Can be in three circumstances viz. (1) if the apprehension of breach of peace is recorded to have ceased to exist relating to the factum of possession of the disputed property and the Magistrate is absolutely satisfied about that from the materials placed before him; (2) if the decision..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Suit for partition - Valuation of the property - Ordinarily it has to be the date of passing of the final decree and not the date of filing of the suit for partition - The actual partition is effected by passing of the final decree as such valuation has to be on the date of..........
Civil Procedure Code, 1908, Order 9, Rule 13 -- Suit for partition - Exparte preliminary decree - During pendency of application to set it aside final decree passed - Held, if exparte preliminary decree is set aside then final decree automatically goes...........
