LAW FOR ALL

Apex court - A preliminary decree once passed could not be set aside unless and until the appeal was filed. Mere allowing an impleading petition, and that too during the final decree proceedings, would not entitle respondent No.4 to plead that the preliminary decree has to be reopened.; Unless in a case of subsequent event or change of law , Preliminary Decree can not be reopened = In our opinion, the High Court has erred in law while directing that further preliminary decrees can be passed. It was not a case of subsequent event or change of law. The only remedy available to Nima Kaur was to file a separate suit. Accordingly, we restore the order passed by the Civil Judge and set aside the order passed by the High Court in the revision petition. The appeals are allowed to the aforesaid extent. It is made clear that we have not adjudicated on the rights of Nima Kaur while deciding this matter and we have prima facie made the observations to decide whether any share she could claim in the final decree proceedings. Therefore, fresh suit, if any, to be filed by her, be decided unfettered by any observations made by us in the order or in the final decree.