May 2020

HELD Judgment passed under Order 17 Rule 3 CPC clause (a) is a decision on merits and not wholly in default. Appeal lies and not a second suit on same cause of action.

By | May 16th, 2020|Decree|

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April 2018

August 2017

Execution of Decree-Limitation-Execution of preliminary decree for Partition-Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree-As such, it would not be barred by limitation, lis continues till preliminary culminates into final decree.

By | August 13th, 2017|Decree, Execution|

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Comments Off on Execution of Decree-Limitation-Execution of preliminary decree for Partition-Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree-As such, it would not be barred by limitation, lis continues till preliminary culminates into final decree.

June 2017

Civil Procedure Code, 1908, O.20 R.18—Final decree—A preliminary decree is granted in favour of plaintiff for a share which he seeks for—In a partition suit, the parties, who have shares in the properties, are in the position of plaintiffs

By | June 23rd, 2017|Decree|

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December 2016

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