Monday, June 1, 2026

In partition suits, preliminary decree does not dispose of the suit; proceedings continue until final decree is passed dividing property by metes and bounds. (Paras 5, 11, 15)

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  • [Partition Suit – Preliminary Decree] In partition suits, preliminary decree does not dispose of the suit; proceedings continue until final decree is passed dividing property by metes and bounds. (Paras 5, 11, 15)

  • [Final Decree Proceedings – Nature] Application for final decree is not a plaint but merely a reminder to the court to complete its duty; suit remains pending until final decree is drawn. (Paras 11–15)

  • [Order II Rule 2 CPC – Inapplicability] Order II Rule 2 applies only to suits; it does not bar filing of multiple final decree petitions in partition suits. (Paras 10, 14, 19)

  • [Multiple Final Decrees Permissible] Courts may pass more than one final decree in partition suits; decree may be partly preliminary and partly final. (Paras 20–21)

  • [Withdrawal of Suit – Liberty Reserved] Plaintiffs permitted to withdraw suit for declaration and injunction with liberty to revive final decree proceedings (FDP No. 27 of 1995) and contest validity of Will. (Paras 1, 4, 7–10)

  • [Binding Directions to FDP Court] FDP Court directed to dispose of proceedings uninfluenced by observations of lower courts, ensuring fresh adjudication in accordance with law. (Para 11)

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