Apex Law Journal
Apex Law Journal
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Editor

Neha Goel, Advocate

Advisory Board

S.C. Khunger, Advocate

Rohit Bansal, Advocate

Varinder Singh Kanwar, Advocate

Hittan Nehra, Advocate

Judgments on Suit for partition

Tuesday, March 13, 2012
Suit for partition

Suit for partition — Held, the suit for partition is not disposed of by passing of the preliminary decree — It is by a final decree that the immovable property of joint Hindu family is partitioned by metes and bounds — After the passing of the preliminary decree, the suit continues until the final decree is 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 re-determining the rights and interests of the parties having regard to the changed situation — Hindu Succession Act, 1956, Section 6 — Civil Procedure Code, 1908, Order 20, Rule 18. 

 
Suit for partition

Suit for partition — The court has always power to revise the preliminary decree or pass another preliminary decree if the situation in the changed circumstances so demand — A suit for partition continues after the passing of the preliminary decree and the proceedings in the suit get extinguished only on passing of the final decree — It is not correct statement of law that once a preliminary decree has been passed, it is not capable of modification — Civil Procedure Code, 1908, Order 20, Rule 18.

 
Sunday, June 05, 2011
Suit for partition

Suit for partition — When can be regarded as fully and completely decided? — Held, as the partition suit is required to be decided in stages, the same can be regarded as fully and completely decided only when the final decree is passed — Further held, if in the interregnum any party to the partition suit dies, then his/her share is required to be allotted to the surviving parties and this can be done in the final decree proceedings — Likewise, if law governing the parties is amended before conclusion of the final decree proceedings, the party benefited by such amendment can make a request to the Court to take cognizance of the amendment and give effect to the same — If the rights of the parties to the suit change due to other reasons, the Court ceased with the final decree proceedings is not only entitled but is duty bound to take notice of such change and pass appropriate order.

 
Suit for partition

Suit for partition — Judgments of this Court in Venkata Reddy v. Pethi Reddy AIR 1963 SC 992, Gyarsi Bai v. Dhansukh Lal AIR 1965 SC 1055 and Mool Chand v. Deputy Director, Consolidation (1995) 5 SCC 631, held, cannot read as laying down a proposition of law that in a partition suit, preliminary decree cannot be varied in the final decree proceedings.

 
Suit for partition

Suit for partition — In a partition suit, preliminary decree, held, can be varied in the final decree proceedings — Phoolchand v. Gopal Lal AIR 1967 SC 1470 and S. Sai Reddy v. S. Narayana Reddy (1991) 3 SCC 647 relied.

 
Monday, March 22, 2010
Suit for partition

Suit for partition — In a suit for partition or separation of a share, the prayer is not only for declaration of plaintiff’s share in the suit properties, but also division of his share by metes and bounds — This involves three issues: (i) whether the person seeking division has a share or interest in the suit property/properties; (ii) whether he is entitled to the relief of division and separate possession; and (iii) how and in what manner, the property/properties should be divided by metes and bounds? — Civil Procedure Code, 1908, Order 20 Rule 18.

 
Suit for partition

Suit for partition — Principles regarding partition suits — See para 9.1, 9.2 and 9.3.

 
Suit for partition

Suit for partition — As the declaration of rights or shares is only the first stage in a suit for partition, a preliminary decree does not have the effect of disposing of the suit — The suit continues to be pending until partition, that is division by metes and bounds, takes place by passing a final decree.

 
Suit for partition

Suit for partition — Initiation of final decree proceedings, held, does not depend upon an application for final decree for initiation (unless the local amendments require the same) — The Code does not contemplate filing an application for final decree — Therefore, when a preliminary decree is passed in a partition suit, the proceedings should be continued by fixing dates for further proceedings till a final decree is passed — It is the duty and function of the court — Performance of such function does not require a reminder or nudge from the litigant — The mindset should be to expedite the process of dispute resolution — Civil Procedure Code, 1908, Order 20, Rule 18.

 
Wednesday, January 14, 2009
Suit for partition

Suit for partition — Partial partition — Held, ordinarily, a suit for partial partition may not be entertained — When the parties have brought on records by way of pleadings and/or other material that apart from the property mentioned by the plaintiff in his plaint, there are other properties which could be a subject matter of a partition, the court would be entitled to pass a decree even in relation thereto.

 
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