Finality of preliminary decree is not affected upon appeal being preferred against a final decree

Paras Nath Rai v. State of Bihar, (2012) 12 SCC 642
Civil Procedure Code, 1908
S. 2(2) and Expln. thereto, Ss. 97 & 11 and Or. 20 Rr. 6, 9 and 18 - Preliminary decree vis--vis final decree - Relative
nature and scope of - Necessity of filing independent appeals against preliminary decree and final decree - Situation A
i.e. finality attained by preliminary decree which declares rights, title and interests of parties when no appeal is preferred
thereagainst - Such finality of preliminary decree not affected upon appeal being preferred against a final decree in the
same proceedings
- Situation B i.e. when appeal has been preferred against preliminary decree and appeal is pending,
contrasted with Situation A - Statute providing for complete abatement of proceedings before civil court, inter alia, in case
proceeding/suit for declaration or adjudication of rights or interest is pending" before any court/authority of first instance,
appeal, reference or revision - Difference in applicability to Situation A as contrasted with Situation B - Reiterated,
fundamentally, distinction between preliminary and final decree is that a preliminary decree declares rights and shares of
the parties and leaves room for some further inquiry to be held and conducted pursuant to directions made in preliminary
decree, pursuant to which a final decree is drawn up - Further held, pendency of appeal against final decree cannot take
away finality of preliminary decree not having been appealed against, which has already declared rights, title and interest
of the parties - Hence, held, that in Situation A, there is no proceeding pending" before any court in respect of rights and
interests declared/adjudicated by the preliminary decree that has attained finality - Hence statutory abatement will not
apply and thus cannot wipe out declaration/adjudication of rights and interests contained in such preliminary decree -
Furthermore, even pendency of appeal against final decree (when no appeal was preferred against preliminary decree),
will not change the above result obtained in Situation A - On the other hand, in Situation B, if appeal against preliminary
decree is pending then statutory abatement will apply and entire proceedings from their inception will be wiped out, and
any declaration/adjudication contained in such preliminary decree shall also be wiped out and become non est, (2012)
12 SCC 642-A

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