In Brief
The case concerns a mortgage redemption suit spanning over five decades. The trial court granted a preliminary decree for partition and later a final decree. The High Court excluded Survey No. 988 from the suit property based on the defendant's claim of ownership. The Supreme Court held that while a defendant normally cannot challenge a preliminary decree without appeal, an exception applies when the suit property description itself was inaccurate or incomplete. The Court remitted the matter for fresh final decree proceedings to allow both parties to present evidence on the correct boundaries of the suit property and the defendant's claimed entitlement to Survey No. 988. The Court also rejected the second plaintiff's belated affidavit denying prior assignments as an afterthought, confirming the third plaintiff's standing to pursue the matter.
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