Wednesday, March 14, 2012

Preliminary decree


Preliminary decree—Power of court to alter or amend or modify preliminary decree where no appeal has been preferred from such preliminary decree—Held, it is true that final decree is always required to be in conformity with the preliminary decree but that does not mean that a preliminary decree, before the final decree is passed, cannot be altered or amended or modified by the trial court in the event of changed or supervening circumstances even if no appeal has been preferred from such preliminary decree—Civil Procedure Code, 1908, Order 20, Rule 18 and Section 97—Suit for partition.

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