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enforce the mortgage and the trial court passed a preliminary decree for sale of deft. 1's interest ... transaction. During the pendency of these 2 appeals, the preliminary decree was made final by the trial court
Supreme Court of India
- Cites 8 - Cited by 200 -
1974 AIR 1126
pendente-lite and future interest as also for a preliminary decree as regard mortgaged property admeasuring 95.20 acres ... relying on or on the basis of a preliminary decree passed in a partition suit dated 19.7.1979 filed
Supreme Court of India
- Cites 15 - Cited by 132 -
2004 (2) ALT 15 SC
- S Sinha
CITATOR INFO : R 1965 SC1055 (6) ACT: Preliminary Decree-Partition suit-Father's insolvency-Suit challenging Official Receiver's sale ... made subject to previous final decision of court-Preliminary decree, if a "final decision"- Provincial Insolvency (Amendment
Supreme Court of India
- Cites 7 - Cited by 126 -
1963 AIR 992
Procedure- dispensing with the age old procedure of a preliminary decree 37-44 7. Amendment ... XXXIV Code of Civil Procedure, 1908: Procedure for passing Preliminary decree deleted (as done by the Kerala Amendment). (10). Order
Law Commission Report
- Cites 105 - Cited by 0 - Cached
Procedure (Act 5 of 1908), O.41, r. 1- Preliminary decree in partition suit-Death of some parties- Redistribution ... shares-No fresh preliminary decree drawn up-Appeal without copy of preliminary decree-If maintainable. Practice-If court could pass
Supreme Court of India
- Cites 3 - Cited by 91 -
1967 AIR 1470
amount found or declared due is under the preliminary decree to be made b y the mortgagor or other person ... mortgage security up to t he date of the preliminary decree and added to the mortgage money--at the rate
Supreme Court of India
- Cites 9 - Cited by 80 - M J Rao.
prays for decree of amount due-Preliminary decree not passed-Whether plaintiff can withdraw suit. HEADNOTE: In a suit ... court fee was realised from the defendant. While no preliminary decree for rendition of accounts had 'been passed
Supreme Court of India
- Cites 2 - Cited by 77 -
1968 AIR 111
Court mistakenly passing preliminary decree for sale in suit for foreclosure-Subsequently correcting mistake and passing final decree for foreclosure ... foreclosure which was decreed. The trial court passed a preliminary decree ordering that in case the mortgage amount
Supreme Court of India
- Cites 11 - Cited by 68 -
1967 AIR 1440
Procedure Code, (Act 5 of 1908), Section 2(2)--Decree--Preliminary decree--Decree passed in a suit for specific performance ... default, the suit would be dismissed is not a preliminary decree. Limitation Act (36 of 1963), Section 5--Condonation
Supreme Court of India
- Cites 13 - Cited by 66 -
1978 AIR 537
branches as defendants. In 1924 the court passed a preliminary decree in which not only tile shares of the branches ... result of specification of shares in the preliminary decree of 1924. The trial court decreed the respondent's suit
Supreme Court of India
- Cites 3 - Cited by 55 -
1967 AIR 1124
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