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IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT (PAUL)
Aktari Begum – Appellant
Versus
Sk. Kutubuddin – Respondent
JUDGMENT :
SHAMPA DUTT (PAUL), J.
1. The revision has been preferred challenging an Order dated 03.06.2024 passed by the Learned Civil Judge (Senior Division) at Birbhum in Title Suit No.76 of 2011.
2. Vide the order under challenge the trial Court while considering the petitioner’s application under Order 1 Rule 10 CPC, held as follows:-
“……..The petitioner stated that the petitioner and their brothers and sisters are the co-sharers of the suit property and possessing their respective shares and same is evident from the report of concern R.I. of BL & LRO submitted in MP case no. 70 of 2017.
It is stated by the petitioner that plaintiffs of the present suit got decree by suppressing the true and actual fact by non-joining the petitioner and her brothers and sisters as parties to the instant suit and as such, the said decree is liable to be set aside. It transpires from the record that instant suit was decreed on contest in part against defendant nos. 1 to 5 and as ex-parte against the other defendants on 19.12.2016. Admittedly, the present petitioner was not made party to the instant suit. The present petitioner filed the instant petition where the final decree application is pending.
As
An absent co-sharer in a partition suit can be added post-preliminary decree under exceptional circumstances to ensure effective adjudication, reaffirming the necessity for all relevant parties to be....
The court's discretion to implead a third party as a defendant in a partition suit after the passing of a preliminary decree is guided by factors such as whether the third party's rights are affected....
A partition suit concludes with the final decree, and parties cannot seek modification of shares based on subsequent legislative changes after the final decree is passed.
Multiple preliminary decrees are permissible in partition suits when circumstances change, allowing inclusion of properties not initially decreed, provided issues are framed for proper adjudication.
Partition – Decree - When Apex Court held final decree is always required to be in conformity with preliminary decree but that does not mean that preliminary decree before final decree is passed cann....
There is no legal embargo against addition of any new party after a preliminary decree in suit for partition has been passed because suit for partition is disposed of only when final decree is passed....
A preliminary decree can be passed in a suit for partition without first identifying the properties involved in the suit, and the identification of properties can be done subsequent to the declaratio....
Execution of final decree – claim of share - first respondent cannot take shelter under this provision for seeking enhancement when she herself admits to have taken possession and received money by e....
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