Partition suit - preliminary decree passed - after passing the preliminary decree one of the party died - without passing supplementary preliminary decree - final decree application not maintainable - there is no limitation for filing petition for final decree.

Citation

2018-4-L.W. 330

2018(5) CTC 412

IN THE HIGH COURT OF JUDICATURE AT MADRAS

12.04.2018/C.R.P.(PD) No.4293 of 2012 and M.P.No.1 of 2012 

V.M.Velumani, J. 

Ranganathan (died) and others... Petitioners

Vs

Chennammal and another ..Respondents

Partition/Final decree, application for, when maintainable

Partition - Preliminary decree passed – Change in shares Final decree application maintainable - - Effect of - whether Earlier application for final decree not dismissed on merits Res judicata not applicable - -

held: subsequent to passing of the preliminary decree another preliminary decree can also be passed when due to death of any of parties quantum of shares is varied First respondent is not entitled to a final decree without the earlier preliminary decree being varied Para 12