High Court of Karnataka Quashes Dismissal of Final Decree Petition for Default in Partition Suit. Final decree proceedings cannot be dismissed under Order IX Rule 8 CPC as they are a continuation of the suit and must be decided on merits.

High Court: Karnataka High Court Bench: DHARWAD In Favour of Accused

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2026-05-18 15:52:48

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Case Note & Summary

The petitioners, who were plaintiffs in a suit for partition and separate possession, obtained a preliminary decree. Subsequently, they filed a final decree petition (FDP) before the Principal Senior Civil Judge and CJM, Dharwad. On the date fixed for hearing, the petitioners remained absent, and the trial court dismissed the FDP for default under Order IX Rule 8 of the Code of Civil Procedure, 1908 (CPC). The petitioners challenged this order by filing a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench. The High Court examined the nature of final decree proceedings and held that they are not a suit but a continuation of the suit. The court observed that once a preliminary decree is passed, the court is duty-bound to pass a final decree in terms thereof. The provisions of Order IX CPC, which deal with dismissal of suits for default, are not applicable to final decree proceedings. The court further noted that the trial court ought to have framed points for determination and proceeded to decide the matter on merits. Consequently, the High Court allowed the writ petition, quashed the impugned order dated 14/08/2023, and remitted the matter back to the trial court for fresh disposal in accordance with law. The court directed the parties to appear before the trial court on 29/07/2024 and instructed the trial court to dispose of the FDP expeditiously, preferably within six months.

Headnote

A) Civil Procedure - Final Decree Proceedings - Dismissal for Default - Order XX Rule 18, Order IX Rule 8 CPC - The trial court dismissed the final decree petition for default when the petitioners remained absent. The High Court held that final decree proceedings are not a suit and cannot be dismissed for default; the court must proceed to decide the matter on merits after framing points for determination. The impugned order was quashed and the matter remitted for fresh consideration. (Paras 1-6)

B) Civil Procedure - Final Decree - Nature of Proceedings - Order XX Rule 18 CPC - Final decree proceedings are a continuation of the suit and the court is duty-bound to pass a final decree in terms of the preliminary decree. The provisions of Order IX CPC are not applicable to such proceedings. (Paras 4-6)

Issue of Consideration

Whether the trial court was justified in dismissing the final decree petition for default under Order IX Rule 8 of CPC, and whether the impugned order is sustainable in law.

Final Decision

The High Court allowed the writ petition, quashed the impugned order dated 14/08/2023, and remitted the matter back to the trial court for fresh disposal in accordance with law. The parties were directed to appear before the trial court on 29/07/2024, and the trial court was directed to dispose of the FDP expeditiously, preferably within six months.

Law Points

Final decree proceedings cannot be dismissed for default
Order XX Rule 18 CPC
Order IX Rule 8 CPC not applicable to final decree proceedings
Civil Procedure Code
1908

Case Details

2024 LawText (KAR) (06) 9

WP No. 105922 of 2023 (GM-CPC)

2024-06-28

Sachin Shankar Magadum

Sri. Santosh B Malligawad for petitioners, Sri. P.G. Chikkanaragund for respondents

Smt. Iravva W/o Paravatappa Ballur and others

Kallappa S/o Tukkappa Ballur (deceased) by LRs and others

Nature of Litigation

Writ petition challenging the order dismissing final decree petition for default in a partition suit.

Remedy Sought

Petitioners sought quashing of the order dated 14/08/2023 passed by the Principal Senior Civil Judge and CJM, Dharwad in FDP No. 105922 of 2023, and restoration of the final decree proceedings.

Filing Reason

The trial court dismissed the final decree petition for default when the petitioners remained absent on the date of hearing.

Previous Decisions

A preliminary decree was passed in the suit for partition and separate possession. Thereafter, the petitioners filed a final decree petition which was dismissed for default on 14/08/2023.

Issues

Whether the trial court was justified in dismissing the final decree petition for default under Order IX Rule 8 CPC? Whether final decree proceedings are a suit and can be dismissed for default?

Submissions/Arguments

Petitioners argued that final decree proceedings are not a suit and cannot be dismissed for default; the court must proceed to pass a final decree in terms of the preliminary decree. Respondents supported the trial court's order.

Ratio Decidendi

Final decree proceedings are a continuation of the suit and not a suit themselves. The court is duty-bound to pass a final decree in terms of the preliminary decree. The provisions of Order IX CPC, which allow dismissal of suits for default, are not applicable to final decree proceedings. Therefore, the trial court erred in dismissing the FDP for default and ought to have decided the matter on merits after framing points for determination.

Judgment Excerpts

The trial court ought to have borne in mind that final decree proceedings are not a suit and the provisions of Order IX CPC are not applicable. Once a preliminary decree is passed, the court is duty-bound to pass a final decree in terms of the preliminary decree.

Procedural History

The petitioners filed a suit for partition and separate possession, which resulted in a preliminary decree. Thereafter, they filed a final decree petition (FDP) before the Principal Senior Civil Judge and CJM, Dharwad. On 14/08/2023, the trial court dismissed the FDP for default under Order IX Rule 8 CPC. The petitioners challenged this order by filing a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka, Dharwad Bench, which allowed the petition and remitted the matter.