How Many Final Decrees Can Be Passed in a Partition Suit?

2023 0 Supreme(MP) 1002

The century old civil procedure contemplates judgments, decrees, preliminary decrees and final decrees and execution of decrees. They provide for a “pause” between a decree and execution. A “pause” has also developed by practice between a preliminary decree and a final decree. ... Many a time, a party exhausts his finances and energy by the time he secures the preliminary decree and has neither the capacity nor the energy to pursue the matter to get the fina....

2024 0 Supreme(Del) 495

On the other hand, in a partition suit the preliminary decrees only decide a part of the suit and therefore an application for passing a final decree is only an application in a pending suit, seeking further progress. ... Amendment of judgments, decrees or orders.-Clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission may at any time be corrected by the Court either of its own motion or on the application of any of the parties. ... Section 152 prov....

2025 0 Supreme(Cal) 776

It is well settled that in suits which contemplate the making of two decrees, a preliminary decree and a final decree, the decree which would be executable would be the final decree. 20. The Hon’ble Supreme Court in Venkata Reddi & Ors. vs. ... Rule 14: Procedure of Commissioner: (1) The Commissioner shall, after such inquiry as may be necessary, divide the property into as many shares as may be directed by the order under which the commission was issued, and ... execution of the final decree. ... In a....

Wendt J. pointed to many irregularities in the proceedings which resulted in the decree. ... In the result, when the Court decrees sale, that decree is final and conclusive, binding on all persons, whether they were parties to the action or not, and despite the circumstance that in the procedure prescribed by the Ordinance up to the stage of a decree under section 4 there is no provision ... 1 But there is a strong body of authority for the proposition that the conclusive character assigned by section 9 to decrees ....

It may be noted that section 48 speaks of only the finality and conclusiveness of Interlocutory Decrees and Final Decrees of , predominantly in order to invest the Interlocutory and Final Decrees of Partition with finality as far as possible. ... Save and except the instances mentioned above, the District Court has no jurisdiction to set aside Judgments/Interlocutory Decrees/ Final Decrees by purportedly invoking the inherent jurisdiction of ....

2023 0 Supreme(AP) 1096

During hearing, the learned counsel for the petitioner/plaintiff submitted that the court is not precluded from passing any number of preliminary decrees before passing the final decree and that in view of the circumstances stated by the petitioner/plaintiff, the trial court committed an error in rejecting ... If the rights of the parties to the suit change due to other reasons, the court seized with the final decree proceedings is not only entitled but is duty-bound to take notice of such change and pass appropriate ord....

2025 Supreme(Online)(Kar) 23789

the decree and may be exercised in favour of all or any of the respondents or parties, although such respondents or parties may not have filed any appeal or objection and may, where there have been decrees in cross-suits or where two or more decrees are passed in one suit, be exercised in respect of ... - The Appellate Court shall have power to pass any decree and make any order which ought to have been passed or made and to pass or make such further or other decree or order as the case may require, and this power may be....

2025 Supreme(Online)(Ori) 6196

In other words, no final decision on the merits of the case was taken in the FAO but the same was permitted to be withdrawn by the defendants. 7. ... , decrees and orders earlier passed except by means of review, if statutorily provided specifically therefor and subject to the conditions or limitations provided therein. ... Section 152 provides for correction of clerical or arithmetical mistakes in judgments, decrees or orders or errors arising therein from any accidental slip or omission. ... The provision cannot be invoked to modify, a....

2025 Supreme(Online)(Kar) 40177

On the other hand, in a partition suit the preliminary decrees only decide a part of the suit and therefore, an application for passing a final decree is only an application in a pending suit, seeking further progress. ... The points that arise for consideration are : i) Whether Order II Rule 2 of the Code of Civil Procedure, 1908 is applicable to the Final Decree Petition? ii) Whether trial Court can pass more than one final decree ? Re. ... BHAVANI AMMA reported in 1969 KLT 729, Krishna Iyer J observe....

2025 Supreme(Online)(Kar) 38512

We should however like to point out that what we are saying must be confined to partition suits, for we are not concerned in the present appeal with other kinds of suits in which also preliminary and final decrees are passed. ... If in the interregnum i.e. after passing of the preliminary decree and before the final decree is passed, the events and supervening circumstances occur necessitating change in shares, there is no impediment for the court to amend the preliminary decree or pass another preliminary decree redeter....

2009 0 Supreme(AP) 511

The fact remains that the proposed parties filed petitions to implead them as parties to the suit and were made parties to the suit after recognition of assignment in their favour and thereafter they had obtained delivery of possession of the property through Court also. It is well known that there can be number of final decrees in a suit for partition. The question as to what is the extent of land that was alienated by 1st respondent and defendants 334 and 335 in Sy.No.163, which is a part of item No.38 of schedule IV of the preliminary decree, earlier to the assignment in....

2006 0 Supreme(AP) 855

The properties, which can be divided without much of controversy, can be partitioned and allotted to the parties, and such of the properties, where there exists serious disputes or where the Court feels that a detailed and meticulous exercise is to be undertaken, can be dealt with, under a separate final decree. The only thing, which must be kept in mind is, that the final decree passed as regards certain items of property, must be complete in all respects, and nothing must be left to be dealt with, at a later point of time. A further dimension of the matter is, that, if there exis....

2000 0 Supreme(AP) 266

It is true that any number of final decrees can be passed. " In such a case, if is not necessary to get the preliminary decree modified.

1997 0 Supreme(AP) 619

In such a case, it is open to the plaintiff to file an appeal against that interim final decree if so advised, or it is open to the trial Court to take this up as a part of the final decree itself in easel there is no urgency and in that case an appeal can be filed against the final decree itself. ( 9 ) IN the case of Nallasivam Chettiar (2 supra), it is held that, between the preliminary decree and the final decree, the lower Court can pass many interim final decrees, and when the lower Court adjudicates upon this matter, it can be treated as an interim final decree. In th....

1996 0 Supreme(Mad) 728

Any decree that is passed prior to that can only be an interim final decree or one of the several final decrees which came to be passed in the suit.” Their Lordships further held that any final decree which is passed without settlement of accounts will be only an interim final decree. In the same volume, i.e., 92 L.W., at page 489 (D. Nataraja Achari v. Balambal Ammal) also, the same principles have been enunciated. So long as that item of the property is not divided, the suit cannot be said to have been finally disposed of.