Surya 07 July 2018

Modify partition suit preliminary decree in trial court

In a partition suit, the trial court granted partition and passed a preliminary decree (12 years back). One of the parties filed a first appeal in the High Court of Andhra Pradesh. The High Court modified the preliminary decree (2 years back). Final decree proceedings are about to begin in the trial court. Can a party now file a petition in the trial court to further modify the preliminary decree? Is there any period of limitation to file the petition? What kind of petition may be filed? Under what section and order of CPC? Thank you. Surya, Vijayawada, Andhra Pradesh.

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3 Replies

Adv Deepak Joshi +917017821512 (Advocate) 08 July 2018

As preliminary decree is already modified by High Court so now trail court cannot modify it.

Second appeal could have been filled in High Court under section 100 of civil procedure code but you need to justify the delay in filling second appeal.

Second appeal can only be filled on question of law not on question of facts.

Surya 09 July 2018

Dear Sir,

Thank you very much for your kind reply.

If I have some additional evidence which was not considered by the trial court earlier, can I file it now in the trial court and pray for modification of final decree? If yes, under what section and order of CPC?

I was searching in the internet for relevant judgments and somewhere I read that a preliminary decree can be modified any time before a final decree is passed. It is also said that a partition suit can have more than one preliminary decree. Can you please give your comments, sir?

Many thanks and regards, Surya, Vijayawada, Andhra Pradesh