Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Preliminary decree merely declares rights and shares of parties and leaves room for some further inquiry to be held and conducted pursuant to directions made in preliminary decree and after the inquiry having been conducted and rights of parties being finally determined, a final decree incorporating such..........
Partition -- Not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations, for the reasons viz. (a) alienees as well as the co-sharer are still entitled to sustain the alienation to the extent of the share of the co-sharer; (b) it may also be open to the alienee, in the final decree proceedings, to seek the allotment of the transferred..........
Partition suit -- Preliminary decree - Appeal - Maintainability - Appeal only maintained against preliminary decree by which shares have been declared - There is thus, no reason to go into question about allotment of properties which is a matter to be gone into in final decree proceedings - Appeal dismissed...........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Amendment of plaint to modify shares of plaintiff sought during pendency of suit for final decree of partition of share of plaintiff - Court has jurisdiction to amend share of parties suitably if a preliminary decree has been passed in view of changed circumstances/changed law -..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of plaint - Amendment sought to incorporate one property after passing of preliminary decree in partition suit - Said property was purchased by petitioner from defendant no.1, thus it is joint family property and liable for partition - Since defendant no.1 used to manage all properties, plaintiff only came to know..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Advocate Commissioner - For noting down physical features and topography of suit property - Partition suit - Suit filed for seeking partition of agricultural land - Even, assuming that suit is ultimately allowed, division of property would be required to be worked out by metes and bounds at the time of passing..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree in a partition suit without there being a final decree cannot be executed - When there is no final decree, there is no executable decree - Decree becomes executable only when final decree is passed...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree attained finality by drawing up of final decree which is executed - Plaintiff cannot seek modification of share granted to her in preliminary decree...........
Civil Procedure Code, 1908, Section 151, Order 41, Rule 33 -- Preliminary decree for partition - Modification - Preliminary decree can be drawn afresh or modified only before final decree is drawn up...........
Partition -- Final decree proceedings - Challenge as to preliminary decree - Courts cannot go beyond preliminary decree, modify or vary share allotted to parties in preliminary decree - Respondents/third party seeking to file additional counter affidavit challenging preliminary decree itself relying on certain documents alleged to have come to their knowledge - They have..........
