What is the core point decided in this case?

The Court said a partition decree may cover properties mentioned later in pleadings, and a court can correct its own accidental errors in a decree.

Does the court have suo motu power to amend a decree?

No. The court has no blanket suo motu power to amend a decree, but it can rectify mistakes to give effect to what was actually decided.

Can a decree include property not named in the plaint?

Yes, if the parties bring those properties on record through pleadings, the court may decree them too.

Which CPC concept is highlighted?

The definition and nature of a decree under Section 2(2), including its finality and forms (preliminary/final).

Why is this case useful for exams?

It links pleadings, relief, and correction of decrees in partition suits—good for questions on decree scope and court powers.

S. Satnam Singh v. Surinder Kaur — Partition Decree & Rectification of Decree

Author: Gulzar Hashmi India CASE_TITLE: S. Satnam Singh v. Surinder Kaur PRIMARY_KEYWORDS: partition decree, unpleaded property SECONDARY_KEYWORDS: rectification of decree, CPC s.2(2) PUBLISH_DATE: 22 Oct 2025 Slug: s-satnam-singh-v-surinder-kaur-2009-2scc-568

Quick Jump

Summary Issues Rules Facts Arguments Judgment Ratio Why It Matters Key Takeaways Mnemonic IRAC Glossary FAQs Related

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Quick Summary

This case explains two simple points in a partition suit:

If parties later add more properties in their pleadings, the court can pass a decree for those too.
The court cannot freely amend a decree on its own, but it can rectify a clear mistake so the decree matches what was decided.

CPC s. 2(2) (2009) 2 SCC 568

Issues

Can the court pass a decree for a property not named in the plaint but later mentioned in the written statement?
Can the court amend or rectify a decree if it finds that an error has occurred?

Rules

Decree (CPC, s. 2(2)): A decree is the formal expression of an adjudication that finally decides the rights of the parties on the matters in dispute. A decree may be preliminary, final, or partly preliminary and partly final.

Facts — Timeline

Family dispute: Brothers Surinder Singh and Harikishan Singh had a conflict over family property and a business named Bombay Cycle Company.

Suits & parties: A suit was filed. After both brothers died, their successors continued the case.

Share claim: Harikishan’s side said Rajinder Singh (son of Surinder) had only 1/3rd; Rajinder claimed 1/2.

Decree: The court held that successors of both sides were each entitled to 1/3rd share.

IA on business share: An application was filed later regarding the Bombay Cycle Company share since no specific issue had been framed earlier.

Timeline illustration for S. Satnam Singh v. Surinder Kaur

Arguments

Appellant

The business share must be clarified, even if not framed earlier as a separate issue.
Pleadings later brought the business on record; the decree should reflect that.

Respondent

The decree cannot be expanded beyond what the plaint stated.
The court cannot amend the decree on its own.

Judgment

Held: The court does not have a general suo motu power to amend a decree. However, it can rectify an accidental or obvious mistake to make the decree match the decision.

Also, when parties, through their pleadings, put other properties (beyond the plaint) on record, the court may pass a decree covering those properties as well.

Judgment illustration for S. Satnam Singh v. Surinder Kaur

Ratio Decidendi

A decree can cover properties that became part of the dispute via later pleadings.
Courts may correct mistakes in decrees to reflect the true adjudication, but not re-judge the case on their own.

Why It Matters

This case helps students link pleadings, relief, and the scope of decrees in partition suits. It also clarifies how courts handle errors in decrees—they fix mistakes but do not reopen the merits.

Key Takeaways

Partition decree may include later-introduced properties if pleaded.
No blanket suo motu amendment power; only rectification of mistakes.
Decree under CPC s. 2(2) expresses the final decision on rights in dispute.

Mnemonic + 3-Step Hook

Mnemonic: “PLEAD—DECREE—CORRECT”

Plead: If it’s pleaded (even later), it can be decreed.
Decree: Decree states the final decision on rights.
Correct: Court may correct mistakes, not re-decide.

IRAC Outline

Issue	Decree for later-pleaded property; and court’s power to amend/rectify decree.
Rule	CPC s. 2(2) — nature of a decree; rectification of accidental errors permitted.
Application	Since the business property entered the pleadings, the court could include it in the decree; only mistakes, not merits, can be corrected.
Conclusion	Decree may cover later-pleaded property; no general suo motu amendment, but rectification is allowed.

Glossary

Decree: Formal expression of a final decision on rights in dispute.
Rectification: Fixing an accidental or obvious error so the decree matches the court’s decision.
Pleadings: Written statements (plaint/written statement) where parties place facts and claims before the court.

FAQs

If extra properties are brought into pleadings later, the decree can include them.

Not generally. It can only correct accidental or obvious mistakes to reflect the actual decision.

Section 2(2) of the Code of Civil Procedure.

Not always. If a property is properly brought into pleadings, the decree may cover it.

A decree can be preliminary, final, or partly both, depending on what remains to be done.