Final Decree Application Not Necessary When Preliminary Decree Specifies Alternative If Physical Partition Is Impractical: Supreme Court

The Supreme Court has ruled that a preliminary decree passed in a partition suit does not become inexecutable merely because no separate application for passing a final decree was filed under Order XX Rule 18 Code Of Civil Procedure. The Court held that where the decree itself contains directions regarding the mode of partition and also provides for auction of the property if physical partition is not possible, such decree…