Hindu Succession | If Law Gets Amended Before Passing Final Decree In Partition Suit, Parties Can Seek Its Benefit: Supreme Court
Case: Prasanta Kumar Sahoo & Ors. v Charulata Sahu & Ors
Coram: Justice A.S. Bopanna and Justice J.B. Pardiwala
Case No.: CIVIL APPEAL NO. 2913-2915 OF 2018
Court Observation: “At the cost of repetition, we state that by virtue of the preliminary decree passed by the Trial Court, which was confirmed by the Division Bench of the High Court, the issues decided therein will be deemed to have become final but as the partition suit is required to be decided in stages, the same can be regarded as fully and completely decided only when the final decree is passed. As the law governing the parties has been amended before the conclusion of the final decree proceedings, the party benefitted by such amendment (like the two daughters in the case on hand) can make a request to the Trial Court to take cognizance of the Amendment and give effect to the same.”
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