Phoolchand v. Gopal Lal (1967)

This case confirms a simple rule for partition suits: life changes, so shares can change. If something happens after the first preliminary decree—like a party’s death—the court may revise shares and even issue another preliminary decree. The goal is accuracy before the final decree.

1. Can courts pass more than one preliminary decree in a partition suit when later events change shares?
2. Were the High Court and Trial Court right to vary shares without first drawing a fresh decree?

• CPC 1908 does not prohibit multiple preliminary decrees in partition suits.
• Courts have jurisdiction to amend shares if a party dies or another legal event changes entitlement after the first decree.
• Accuracy of shares before the final decree is essential to do complete justice.

The Supreme Court upheld the approach that in partition suits, courts may pass more than one preliminary decree. When events after the first decree change entitlements, the court should recalculate and, where needed, issue a second preliminary decree before drawing the final decree.

The Court accepted the will in favour of the respondent as genuine and effective. It agreed that the mother’s sale was invalid. The appeals were dismissed.

The CPC does not bar multiple preliminary decrees in partition suits. Courts must reflect real, updated shares when circumstances change after the first decree, so that the final decree accurately divides the property.

• Makes partition proceedings flexible and fair.
• Prevents injustice from outdated share calculations.
• Guides trial courts to update shares before the final decree.

• Multiple preliminary decrees are permitted in partition suits.
• Later events (death, valid will/transfer) can change shares.
• Courts should revise shares before passing the final decree.
• Genuine wills can affect shares in joint property allocations.

Mnemonic: “PRELIM x2 for True Shares”

1. Spot Change: death/transfer alters shares.
2. Revise Shares: issue another preliminary decree.
3. Then Final: pass a precise final decree.

Issue: Can courts issue a second preliminary decree in a partition suit when shares change after the first decree?

Rule: CPC allows courts to adjust shares; no bar on multiple preliminary decrees in partition suits.

Application: Here, deaths and claims required fresh calculation; a second preliminary decree ensured correct shares.

Conclusion: Yes. Courts may pass another preliminary decree to reflect new realities before the final decree.

Preliminary Decree

A first-stage decision fixing rights/shares, followed later by a final decree.

Final Decree

The concluding order that executes actual division as per the final shares.

Partition Suit

A case to split joint property among co-owners according to their shares.

• Shub Karan Bubna v. Sita Saran Bubna — decree stages explained
• Manohar Lal Chopra v. Rai Bahadur Rao Raja Seth Hiralal — CPC discretion
• Renu Devi v. Mahendra Singh — partition and shares refinement