JAI NAND Vs. SUBHAS CHANDRA

JUDGEMENT

(1.) The following reference as formulated by the Member, incharge Meerut Division in Second Appeal No. 6 of 1979-80. Meerut was referred to the Full Bench of this Court for opinion :

(2.) The learned counsel for the appellant to substantiate his argument that on the publication of notification under Sec. 4 of the U.P. C.H. Act, not only the final decree but also that preliminary decree shall also abate, referred to the fallowing case laws :

(3.) On the other hand, learned counsel for the respondent argued that as provided in Sec. 97 C.P.C., where any party aggrieved by a preliminary decree passed after the commencement of the Code does not appeal from such decree, he shall be precluded from disputing its correctness in any appeal which may be preferred from the final decree. He cited the view of the Supreme Court reported in AIR 1963 SC 992, that preliminary decree in a partition suit is final decision. Reference was made to AWC 1971 p. 714 in which the High Court made the following observations :