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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