The main legal point established in the judgment is the requirement for further proceedings and a final decree to completely dispose of a suit, as emphasized by the provisions of Section 2(2) of the Code of Civil Procedure and the precedent set in the case of Shankar Balwant Lokhande (Dead) by LRs. v. Chandrakant Shankar Lokhande and Anr.

JUDGMENT

1. The plaintiff has filed the instant application praying for drawing of a decree in terms of Judgment dt. 22.02.2021 passed in CS No. 100038 of 1995 (Old Suit No. 365A of 1995) by incorporating the Schedule A and Schedule B property as annexed with the plaint.

2. This Court vide Order dt. 22.02.2021 had passed the following order in GA No. 16 of 2018 in CS No. 100038 of 1995:-

'22. In view of the discussions above, the contention of the defendants that a preliminary decree should not be passed in the suit, without first deciding as to whether, the suit properties are available for partition or not, cannot be sustained. The issue as has been raised is answered in the affirmative and in favour of the plaintiff. In the facts of the present case, since the shares between the parties are admitted, it would be appropriate to pass a preliminary decree declaring the shares of the parties to the suit.

23. There will be a preliminary decree declaring that, the plaintiff along with the defendant No. 1 series, and 2 to 4 have 1/6th share each. The defendant Nos. 5 and 6 have 1/12th share each in the suit properties. The issue as to whether the suit properties as described in schedule A and B of the plaint can be brought within the scope and ambit of the suit for partition is left open at this stage.

24. IA GA No. 16 of 2018 in CS No. 365A of 1995 is disposed of accordingly without any order as to costs.'

3. After the Judgment dt. 22.02.2021, the plaintiff had requested for drawing of the decree but the Master of this Court has not drawn up the decree with the reason that some of the pages of Schedule A and B of the plaint are ineligible to engross and directed the counsel for the plaintiff to comply the same.

4. Now the plaintiff has filed the instant application by annexing the legible copy of Schedule-A and Schedule-B property as Annexure C to the instant application and prayed for a direction for praying of a preliminary decree by incorporating Schedule-A and Schedule-B.

5. The Counsel for the defendants raised objection by submitting that the plaintiff is not entitled to declaration of his 1/6th share in the movable properties mentioned in the Schedule-A and Schedule-B. In the Judgment and Order dt. 22.02.2021 while declaring the shares of the plaintiff and the defendants held that whether the suit properties mentioned in the said Schedule can be brought within the scope and ambit of the suit for partition is left open.

6. The Counsel for the defendants submits that the issue is to be adjudicated upon evidence but inspite of the Judgment dt. 22.02.2021, the plaintiff has not taken any steps to prove movable properties of Ratan Lal Bhartia and Sita Devi Bhartia which are to be partitioned according to shares of respective parties.

7. Heard, the Ld. Counsel for the respondent parties perused the Judgment dt. 22.02.2021. In the Judgment dt. 22.02.2021, this Court had passed a preliminary decree declaring that the plaintiff along with the defendant no. 1 series and 2 to 4 have 1/6th share each, defendant nos. 5 and 6 have 1/12th share each in the suit properties.

8. In the said judgment this Court has specified that the issue as to whether the suit property described in the Schedule-A and Schedule-B of the plaint can be brought within the scope and ambit of the suit for partition is left upon.

9. The decree is defines in Section 2 (2) of the Code of Civil Procedure which reads as follows:-

'2(2). 'Decree' means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within Section 144, but shall not include-

(a) any adjudication from which an appeal lies as an appeal from an order, or

(b) any order of dismissal for default.

Explanation.- A decree is preliminary