partition suit new fact

In a partition suit, the trial court gave its preliminary decree and judgement. In a first appeal, the High Court slightly modified this preliminary decree. In the trial court, final decree proceedings are in progress on the basis of this modified preliminary decree. At this stage, I found a NEW FACT, which has the potential to change the preliminary decree. The trial court and the High Court are not aware of this NEW FACT. Should I present this NEW FACT to the trial court, because it is a NEW FACT? Or, should I present the NEW FACT to the High Court because its preliminary decree is being executed in the final decree proceedings in the lower court? Please advise. Thanking you, Kasturi, New Delhi.

High court has modified the decree so u have to contact high court to remodify the decree.this shud be done before priliminary decree ispassed in trial court.u file an application before trial court to stay the proceedings until u modify it in high court.



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