Supreme Court · 2008 INSC 1382 · Decided 2 December 2008
S. Satnam Singh & ORS. v. Surender Kaur & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1382 · [2008] 16 S.C.R. 904
- Case number
- CIVIL APPEAL No. 7008/2008
- Decided
- 2 December 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 152, 2(2), 97
Headnote
.Code of Ciltil Procedure, 1908 - ss. 2(2) and 97 - Partition suit =.. ·Inclusion of property in, after passing of C preliminary decree - Permissibility - Held: Ordinarily a suit . for partial partition may not be entertained - But to do complete justice, subsequent events after passing of account - On facts, since the addition of property was sought prior to passing of D the decree in Written Statement, failure to pass decree in respect of that property was a mistake of the court .... s. 97 is not a bar to amend a decree to rectify the mistake of the court. Words and Phrases -
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