Preliminary decree

narender kumar sharma (Querist) 05 April 2012 This query is : Resolved
whether apreliminary decree can be passed without framing the issues in the suit.

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Raj Kumar Makkad (Expert) 05 April 2012
No. The issues are necessary to be framed upon which decree is to be passed.

Deepak Nair (Expert) 05 April 2012
A decree can be passed only after the issues framed are either proved or disproved.

SAINATH DEVALLA (Expert) 05 April 2012
Dear Narender,

A PRELIMINARY DECREE IS:

Every petition to adjudicate a person incapacitated shall have attached to it a preliminary decree establishing a hearing date for the petition, ordering the Clerk to issue a citation to the alleged incompetent, and directing that notice be given to those parties in interest who have not consented to or joined in the petition.

V R SHROFF (Expert) 05 April 2012
Only after framing issue, decree can be passed.
Yes, Preliminary Orders can be passed, for jurisdiction etc.

venkatesh Rao (Expert) 05 April 2012
I think issues arise only when a material proposition is made by one party and denied by the other. If in an exparte proceedings, where do the issues arise? It is only the points which the judge forms for discussion. Hence it is not always a must that issues should preexist for passing a preliminary decree

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