WebOct 9, 2000 · Gopal Lal, AIR 1967 SC 1470 that every memorandum of appeal has to be accompanied by a copy of the decree appealed from and that requirement of Order XLI, Rule 1 of the Code of Civil Procedure is mandatory, though there may be circumstances where an appeal may be competent even though a copy of the decree may not have been filed … WebThe debate is concluded by the pronouncement of the Supreme Court in Phoolchand V. Gopal Lal ,AIR 1967 SC 1470, wherein it has been observed that there is nothing in the Code which prohibits passing of more than one preliminary decree, if circumstances justify the same and it may be necessary to do so.
In which case the Supreme Court held that in the partition
WebMay 29, 2024 · In the case of Phoolchand V. Gopal Lal, upon the facts and circumstances of the case, it was held that there was nothing that bars the court in passing more than one preliminary decree. This was substantiated by saying that the judgement was only concerned with partition suits and no other kinds of suits. WebDisputes seem to have arisen about the shares allotted to these two persons. It appears that Gopal Lal claimed that his father Sohan Lal had made a will in his favour on June 2, 1940, … simplify equation to standard form
Ganduri Koteshwaramma And Another v. Chakiri Yanadi And …
WebDec 23, 2008 · Gopal Lal [AIR 1967 SC 1470] to conclude : "The Supreme Court was dealing with a case where the shares had to be reallocated on account of death of party and therefore the Court said such facts can be taken into consideration and appropriate orders could be passed which could be a fresh preliminary decree. WebJun 30, 2024 · In Phoolchand v. Gopal Lal, AIR 1967 SC 1470 case, a suit for partition was filed against four people. A preliminary decree was passed by the lower court specifying the shares of all the parties. However, before the final decree could be passed, two parties died, and there arose a dispute with respect to the shares of these two persons. WebPhoolchand And Another v. Gopal Lal . Wanchoo, J.—. This is an appeal on a certificate granted by the Rajasthan High Court and arises in the following circumstances. Phool … simplifyerp.com