Tag Archives: Final Decree

Final Decision – In A Partition Suit

In Venkata Reddy v. Pethi Reddy, AIR 1963 SC 992, it has been laid down that the preliminary decree for partition is final. It also embodies the final decision of the court. The question of finality has been discussed thus:
“The word ‘decision’ even in its popular sense means a concluded opinion (see Stroud’s Judicial Dictionary – 3rd Edition, Vol. I, P. 743). Where, therefore, the decision is embodied in the judgment which is followed by a decree finality must naturally attach itself to it in the sense that it is no longer open to question by either party except in an appeal, review or revision petition as provided for by law. It was further observed:
The mere declaration of the rights of the plaintiff by the preliminary decree would not amount to a final decision for it is well known that even if a preliminary decree is passed either in a mortgage suit or in a partition suit, there are certain contingencies in which such a preliminary decree can be modified or amended and therefore would not become final.” T. Ravi v. B. Chinna Narasimha, 2017 (123) ALR 305.

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