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Vijay Kumar (Advocate)     11 October 2009

Prelim Decree in Partition Suit

Sirs

In a Partition Suit, the Court has passed the Preliminary Decree. I want to file appeal; but the concept of Prelim Decree & Final Decree is not clear to me. Kindly enlighten me. Regards.



Learning

 2 Replies

Suchitra. S (Advocate)     12 October 2009

Vijay Kumar,

Decrees are of two types. Preliminary decree and final decree.

a preliminary decree does not dispose off the suit completely. However the adjudication decides the rights of the parties with regard to all or any of the matters in controversy in a suit. this can be appealed within limitation period.A final decree is when a suit is completely disposed off. Even if the time of appeal is expired for a decree it becoms a final decree.

Aaron Smothers (Self)     08 September 2011

Is there a "standard" limitation period which ensures that the suit does not drag on after the preliminary decres is passed? What is the typical duration of timr betwen preliminary- and final decrees?

thanks!


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