Supreme Court of India · 1967-03-10
PHOOLCHAND AND ANR. vs GOPAL LAL
- Citation / case number
- SC 1966/60195
- Court
- Supreme Court of India
- Petitioner
- PHOOLCHAND AND ANR.
- Respondent
- GOPAL LAL
- Bench
- WANCHOO, K.N.
Judgment text excerpt
The Supreme Court held that in partition suits, if an event occurs after a preliminary decree and before a final decree, the trial court can issue a second preliminary decree to correct shares. The court ruled that the appeal was maintainable even without a copy of the decree due to the trial court's failure to prepare one. It affirmed that the mother, as a limited owner, could not sell her share, rendering the sale to the appellant invalid, and upheld the genuineness of the will in favor of the respondent.