Upgrad LLM

preliminary and final decree

practicing advocate

2012(3) KCCR SN 128 (sc)

Order 26 R 13- Partition – Preliminary and Final Decree- Distinction between – Preliminary decree is one which declares the rights and liabilities of the parties leaving the actual result to be worked out in the further proceedings.  Then, as a result of the further inquiries conducted pursuant to the preliminary decree, the rights of the parties are finally determined and  a decree is passed in accordance with such determination, which is the final decree. Thus, fundamentally, the distinction between preliminary decree merely declares the rights and shares of the parties and leaves room for some further inquiry to be held and conducted pursuant to the directions made in the preliminary decree which inquiry having been conducted and the rights of the parties finally determined a decree incorporating such determination needs to be drawn up which is the final decree.

Decree for partition- Compromise between parties-Reflecting obtaining of exclusive possession of their shares-Now nothing more to be done-Court passing decree by embodying terms of compromise-Has to be treated as final decree.




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