VENKATA REDDI AND OTHERS versus POTHI REDDI

VENKATA REDDI AND OTHERS versus POTHI REDDI

A preliminary decree for partition, finally affirmed by the High Court, constitutes a 'final decision' within the meaning of the first proviso to section 28A of the Provincial Insolvency Act, 1920, thus the rights adjudicated therein cannot be affected by the later statutory amendment.

Parties
Appellants: Venkata Reddi and Others; Respondent: Pothi Reddi
Jurisdiction
India
Judgment Date
30 November 1962
Procedural Posture
Civil Appeal / Appeal by Special Leave From Madras High Court Judgment and Decree Dated December 1, 1955
Outcome
Appeal allowed
Legal Topics
Partition Suit, Preliminary Decree, Vesting of Property in Official Receiver, Interpretation of 'final Decision'
Insolvency Law Civil Procedure Partition Suit Preliminary Decree Vesting of Property in Official Receiver Interpretation of 'final Decision'

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Parties

Venkata Reddi and Others

Appellants

Pothi Reddi

Respondent

Procedural Posture

Civil Appeal / Appeal by Special Leave From Madras High Court Judgment and Decree Dated December 1, 1955

Legal Issues

  1. 1 Whether a preliminary decree for partition affirmed by the High Court amounts to a 'final decision' under section 28A of the Provincial Insolvency Act, 1920

Ratio Decidendi

A preliminary decree for partition, finally affirmed by the High Court, constitutes a 'final decision' within the meaning of the first proviso to section 28A of the Provincial Insolvency Act, 1920, thus the rights adjudicated therein cannot be affected by the later statutory amendment.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the High Court set aside
  • Decree of the trial court as affirmed by the learned Subordinate Judge restored