K T THOMAS Vs. ANNA @ ACCAMMA JOHN

JUDGEMENT

(1.) Legal questions arising for determination are two fold. Firstly, whether a defendant in a partition suit, who opposed partibility of the estate and whose share was not determined in the preliminary decree, could straight away apply for passing a final decree, without getting a supplementary preliminary decree passed? Secondly, whether an original petition, under Article 227 of the Constitution of India, could be maintained against an order, whereby an application filed by the said defendant for passing a supplementary final decree was dismissed?

(2.) The matter came up before the Court on an objection raised by the Registry that the original petition for the above relief is not maintainable and the remedy of the petitioner, if at all, is only to file an appeal under the provisions of the Code of Civil Procedure, 1908 (in short, "Code").

(3.) Heard Sri.Keerthivas G., learned counsel appearing for the petitioner. Learned counsel, Sri.P.Viswanathan ably assisted this Court as amicus curiae in resolving the legal issue .