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IN THE HIGH COURT OF ORISSA AT CUTTACK
R.K.PATTANAIK
Chabi Majhi – Appellant
Versus
Sabitri Majhi – Respondent
| Table of Content |
|---|
| 1. modification of preliminary decree challenged (Para 3 , 5) |
| 2. retrospective effect of section 6 of hindu succession act (Para 4 , 6) |
| 3. court's jurisdiction to modify preliminary decree (Para 8 , 9) |
| 4. impugned order set aside (Para 10) |
| 5. petition allowed with directions issued (Para 11 , 12 , 13) |
ORDER :
R.K.PATTANAIK, J.
1. Heard Ms. Mohanty, learned counsel for the petitioner.
2. No notice is issued to the opposite parties, as the matter is disposed of at the stage of admission.
3. Instant petition is filed by the petitioner challenging the correctness of the impugned order dated 3rd October, 2024 under Annexure-6 passed in connection with C.S. No.1134/1767 of 2017-1 by learned Senior Civil Judge, Balasore, whereby, an application seeking modification of the preliminary decree filed by her as per and in terms of under Order 20 Rule 18 CPC read with Section 97 C.P.C. has been declined.
4. Recorded the submission of Ms. Mohanty, learned counsel for the petitioner, which is to the effect that modification of the preliminary decree is permissible, inasmuch as, Section 6 of the Hindu Succession Act as amended in 2005 is retrospective in nature. The submission of Ms. Mohan
Modification of a preliminary decree in a partition suit is permissible under Section 6 of the Hindu Succession Act, as amended in 2005, which has retrospective effect.
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.
The amended provisions of Section 6 of the Hindu Succession Act apply to pending proceedings and confer equal rights to daughters in a coparcenary property. The rights of daughters are by birth and n....
A preliminary decree in a partition suit does not constitute a decree under the Andhra Pradesh Rights in Land and Pattadar Passbooks Act for mutation purposes.
The court held that an amendment to a preliminary decree is permissible when new evidence emerges, emphasizing the importance of justice in partition suits.
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....
A preliminary decree determining shares in a partition suit is binding on parties and cannot be reopened in subsequent proceedings without statutory challenge; consent decrees operate as contracts, l....
Partition suit - Amendment of the plaint - Shares - In a partition suit court has [the] jurisdiction to amend shares suitably, even if preliminary decree has been passed, if some member of family to ....
The court ruled the necessity of hearing appeals against preliminary and final decrees simultaneously in partition suits to ensure a just resolution of shares and rights, emphasizing that the final d....
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