Question: With reference to the relevant case law state whether more than one preliminary decree can be passed in a single suit. Also discuss if a preliminary decree7can be modified or amended when no appeal has been preferred against such decree. If yes under what circumstances?
Question: With reference to the relevant case law state whether more than one preliminary decree can be passed in a single suit. Also discuss if a preliminary decree can be modified or amended when no appeal has been preferred against such decree. If yes under what circumstances?
๐น 1. Multiple Preliminary Decrees in a Single Suit
✅ Legal Position:
Yes, more than one preliminary decree can be passed in a suit, particularly in partition suits or suits involving recurring or evolving rights.
๐ Leading Case Law:
Phool Chand v. Gopal Lal, (AIR 1967 SC 1470)
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The Supreme Court held that in appropriate cases, more than one preliminary decree can be passed.
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In a partition suit, a second preliminary decree is permissible where new events or rights emerge that affect the shares or entitlements of the parties.
๐น Illustration:
In a partition suit, if a party dies after the first preliminary decree, and their heirs are brought on record, the changed share distribution may require a second preliminary decree.
๐น 2. Modification or Amendment of a Preliminary Decree
✅ Legal Position:
Yes, a preliminary decree can be modified or amended, even if no appeal has been preferred, when subsequent events arise or errors are discovered before the final decree is passed.
๐ Relevant Case Law:
Prema v. Nanje Gowda, (2011) 6 SCC 462
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Held that corrections to a preliminary decree are permissible before a final decree is passed, especially due to supervening circumstances, e.g., death of a party affecting succession and shares.
Ganduri Koteshwaramma v. Chakiri Yanadi, (2011) 9 SCC 788
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The Supreme Court ruled that preliminary decree can be modified on account of subsequent developments, such as statutory amendments (e.g., changes in coparcenary rights of daughters under Hindu Succession Act).
๐ CPC Reference:
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Order 20 Rule 18 CPC deals with preliminary and final decrees in partition suits.
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Section 151 CPC (inherent powers of court) also enables courts to modify a decree to meet the ends of justice in absence of express provision.
๐ธ Conditions for Modification without Appeal:
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No final decree is passed yet.
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Change in legal rights due to:
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Death of a party.
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Legislative changes (e.g., Hindu Succession Amendment Act, 2005).
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Discovery of mistake or omission in calculating shares.
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Such modification is necessary to avoid multiplicity of proceedings and to do complete justice.
✅ Conclusion:
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Yes, more than one preliminary decree can be passed in a suit, especially where rights change over time.
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Yes, a preliminary decree can be modified or amended before the final decree is passed, even if no appeal was filed—particularly due to supervening events or errors.
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The courts have upheld this flexibility to ensure justice is served and legal rights are properly adjudicated.
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