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Supreme Court of India 2017-08-02 allowed

Sardar Surjeet Singh vs Juguna Bai (Since Dead) & Ors

Bench: 2 — <UNKNOWN>, <UNKNOWN>

In Brief

In this partition suit appeal, the Supreme Court clarified that a preliminary decree fixing shares becomes final once passed and cannot be reopened during final decree proceedings simply because a new party seeks impleading. Sardar Surjeet Singh (adopted son) received 1/3 share under the preliminary decree, with other shares allocated to the deceased's wives and biological daughter. Years later, Nima Kaur (foster daughter) sought impleading on the basis of a settlement deed, claiming 1/3 share. The High Court allowed her impleading and directed reconsideration of all shares. The Supreme Court held this erroneous: preliminary decrees are final under Section 97, CPC. Impleading a party post-decree does not justify reopening settled shares. Nima Kaur's remedy is to file a separate suit, not alter an already-final preliminary decree.

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Partition Law Civil Procedure Preliminary Decree Finality of Judgments Code of Civil Procedure

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