Partition suit -- In partition suit, there can be more than one preliminary decree and even after passing of one or more preliminary decree, there can be more than one final decree that can be passed, even alteration of preliminary decree can be sought...........
Partition suit -- Once share is defined in preliminary decree to work out in final decree pursuant to preliminary decree after share is allotted and engrossed on no, judicial stamps, possession can be recovered as part of final decree proceedings, question of passing preliminary decree for possession does not arise...........
Partition suit -- Once there is preliminary decree and even earlier any final decree application filed and withdrawn - No bar to file fresh final decree application, as there is no limitation till passing of final decree, suit is deemed pending - Separate suit is not maintainable to work out preliminary decree - When such is the case, there is bar to maintainability of..........
Civil Procedure Code, 1908, Order 22, Rule 3, 4, 10 -- Abatement of appeal - Partition suit - Once a preliminary decree is passed in a partition suit and plaintiff dies after passing of said decree, provisions of O.22.R.3, 4 CPC does not apply to any appeal - It is O.22.R.10 CPC which applies...........
Hindu law -- Joint family property - Partition - Two brothers of joint family carrying on business jointly by contributing labour - Presumption arises that properties acquired by contributing jointly from said business are joint family properties - No evidence to rebut the said presumption - Both brothers, held, entitled to half share in suit properties - Preliminary..........
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 6, Rule 17 -- Partition suit - Final decree - Permission to add left out property - Held, inclusion of left out properties in the final decree proceedings is justified and proper - However, parties opposing such inclusion would be given an opportunity to file written statement as against such..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Partition suit - Any number of preliminary decrees can be passed in a suit for partition after first preliminary decree is passed - There is no legal inhibition for passing such preliminary decrees and limitation is not at all applicable...........
Civil Procedure Code, 1908, Order 41, Rule 27 -- Additional evidence at appellate stage - Partition suit - Additional evidence sought after preliminary decree was passed declaring 1/3rd share of plaintiff and proceedings were initiated for preparation of final decree - Documents sought to be filed by defendant as additional evidence are irrelevant in view of facts that..........
Civil Procedure Code, 1908, Order 9, Rule 13 - - Ex parte decree - Setting aside - Partition suit - Final decree - Fresh summons need not to be served after passing the preliminary decree - Passing of preliminary decree does not decide the suit finally - Preparation of final decree is continuation of the same suit - Cause shown for non appearance is false - Order..........
Civil Procedure Code, 1908, Section 97 -- Objections to preliminary decree - Where a party aggrieved by a preliminary decree in partition suit fails to make an appeal, he is precluded from disputing its correctness in any appeal preferred against final decree...........
