Will there be any criteria has to be met if a partition suit which is defeated in district court, to be appealed in High Court. in the district court there no bare minimum evidence in support of that case .so it is going to be defeated , but the defendent is willing to move to high court so that he can be in position for some more years passing so that he he can enjoy means of properties. What is the way out of it?
appireddy
Dear Querist,
Indian Limitation Act, Arts 144 and 120 talk about Alienation of share of Hindu Joint family property-Possession of members of family whether adverse to alienee-Period within which suit for partition and possession by alienee must be brought.
In the case Phoolchand And Anr vs Gopal Lal on 10 March, 1967, the order of the court deciding that dispute and making variation in shares specified in the preliminary decree already passed is a decree in itself which would be liable to appeal. There is no prohibition in the Code of Civil Procedure against passing a second preliminary decree in such circumstances.
Court observed that In any case if two views are possible-and obviously this is so because the High Courts have differed on the question-we would prefer the view taken by the High Courts which hold that a second preliminary decree can be passed, particularly in partition suits where parties have died after the preliminary decree and shares specified in the preliminary decree have to be adjusted.
Regards,
Palak
