Supreme Court · 1967 INSC 61 · Decided 10 March 1967
Phoolchand and ANR. v. Gopal Lal
- Court
- Supreme Court of India
- Citation
- 1967 INSC 61 · [1967] 3 S.C.R. 153
- Case number
- CIVIL APPEAL No. 1313/1966
- Decided
- 10 March 1967
- Bench
- K.N. WANCHOO, R.S. BACHAWAT, V. RAMASWAMI (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CPC
Headnote
c D E F G H Code of Civil Procedure (Act 5 of 1908), 0.41, r. I-Preliminary decree in partition suit-Death of some parties-Redistribution of shares-No fresh preliminary decree drawn up-Appeal without copy of preliminary decree-If maintainable. Practice-If court could pass more than one preliminary in partition suit-Right, whether absolute or limited. Will--Circumstances showing genuineness of. The appellant filed a suit for partition against his father, mother, brother (the ·respondent) and the. adopted son of a predeceased brother. The parties were Agarwala Jains. A pret:minary
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