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.

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By phlaw| May 16th, 2020|Decree|Comments Off

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Decree for Partition—Appellant having not challenged the preliminary decree, may challenge the final decree.

April 20th, 2018 | Comments Off on Decree for Partition—Appellant having not challenged the preliminary decree, may challenge the final decree.
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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.

August 13th, 2017 | 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.
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Abetment of Suit—Decree passed by a court for or against dead person is “nullity”.

August 13th, 2017 | Comments Off on Abetment of Suit—Decree passed by a court for or against dead person is “nullity”.
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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

June 23rd, 2017 | Comments Off on 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
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Partition-Final Decree

December 20th, 2016 | Comments Off on Partition-Final Decree

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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.

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Decree for Partition—Appellant having not challenged the preliminary decree, may challenge the final decree.

Abetment of Suit—Decree passed by a court for or against dead person is “nullity”.

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

Partition-Final Decree

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