Challenging a Preliminary Decree in India: Supreme Court Explains the Legal Ingredient
An important judgment was passed by Hon'ble Supreme Court on 12 October 2011 which can be downloaded free of cost from e-SCR link at www.sci.gov.in.
In the context of Code of Civil Procedure, 1908, it has been commented in Ganduri Koteshwaramma & Anr. v. Chakiri Yanadi & Anr. [2011] GCtR 3159 (SC) thus : -
"Section 97 of Code that provides that where any party aggrieved by a preliminary decree passed after the commencement of the Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree does not create any hindrance or obstruction in the power of the court to modify, amend or alter the preliminary decree or pass another preliminary decree if the changed circumstances so require."
Written by
Vishal
Delhi
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