Phoolchand v Gopal Lal (1967)

CPC & Limitation Act · Inherent Powers & Interlocutory Orders (ss.148–151, s.94)

Facts.

After a preliminary decree in a partition suit, events (deaths, a will) changed the parties’ shares before the final decree.

Issue.

Can a second preliminary decree be passed in a partition suit?

Held.

Yes — in a partition suit more than one preliminary decree may be passed to adjust shares, so long as the final decree has not yet been passed.

Why it matters.

It clarifies the preliminary/final decree structure that s.97 (unappealed preliminary decrees) turns on.

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