Partition becomes final only on the passing of final decree before passing final decree amendment can be done

Civil Procedure Code - Order XX Rule 18 and Section 97 - Hindu Succession Act, 1956 – Sections 6 and 29-A – Hindu Succession (Amendment) Act, 2005 - A 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. It is not correct statement of law that once a preliminary decree has been passed, it is not capable of modification. Where during the pendency of the proceedings in the suit for partition before the trial court and prior to the passing of final decree, the Hindu Succession Act, 1956 Act was amended by the State Legislature as a result of which unmarried daughters became entitled to a share in the joint family property. The unmarried daughters preferred revision against the order of the trial court before the High Court. The High Court set aside the order of the trial court and declared that in view of the newly added Section 29-A, the unmarried daughters were entitled to share in the joint family property. The High Court further directed the trial court to determine the shares of the unmarried daughters accordingly.

Cases Referred:
1. Phoolchand and Anr. Vs. Gopal Lal (AIR 1967 SC 1470)
2. S. Sai Reddy vs. S. Narayana Reddy and Others ((1991) 3 SCC 647)
KEY WORDS
#partition
#preliminarydecree
#finaldecree

Comparative Citations:
2011 (6) CTC 102, 2011 (6) KantLJ 307, 2011 (9) SCC 788, 2011 (5) LW 612, 2011 (4) KLT 109 (C.No.119) (SN); 2011 (4) KLJ 798, 2012 (1) MLJ 175, 2012 (1) ALT 29, 2011 AIR(SCW) 6163, 2012 (1) SCJ 272, 2012 AIR(SC) 169, 2012 (1) MAH.L.J 613, 2011 (4) MAH.L.R 274, 2012 (2) ALD 50, 2012 (1) ALL MR 443, 2012 (4) BCR 821, 2011 (4) CLT 1, 2011 (7) SLT 573, 2012 (1) WBLR 11,CDJ 2011 SC 1073