Supreme Court of India · 1962-11-30
VENKATA REDDI AND OTHERS vs POTHI REDDI
- Citation / case number
- SC 1960/242
- Court
- Supreme Court of India
- Petitioner
- VENKATA REDDI AND OTHERS
- Respondent
- POTHI REDDI
- Bench
- MUDHOLKAR, J.R.
Judgment text excerpt
The Supreme Court held that a preliminary decree for partition, even if not final in the sense of being unappealable, constitutes a 'final decision' under the first proviso to Section 28A of the Provincial Insolvency Act, 1920. The Court clarified that such a decree operates as res judicata between the parties, thus protecting the appellants' two-thirds share from being sold by the Official Receiver. The judgment affirmed the lower court's ruling that the preliminary decree was valid and enforceable despite the father's insolvency.