https://www.taxtmi.com/caselaws?id=157308 An appeal under the Code of Civil Procedure lies from a decree or an appealable order, not from a mere adverse finding recorded in a judgment. The Supreme Court held that the sons' memorandum of appeal, which challenged only the finding that the partition was sham and colourable, was not maintainable because no appeal had been directed against the decree itself. It further held that the partition finding was unnecessary to the decree, did not operate as res judicata, and could not be used to sustain a late amendment of the appeal memorandum filed without explanation or condonation. The High Court's decision was set aside and the trial court's decree restored. en-us Tue, 09 Apr 1974 00:00:00 +0530 Wed, 06 Aug 2014 11:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=157308 An appeal under the Code of Civil Procedure lies from a decree or an appealable order, not from a mere adverse finding recorded in a judgment. The Supreme Court held that the sons' memorandum of appeal, which challenged only the finding that the partition was sham and colourable, was not maintainable because no appeal had been directed against the decree itself. It further held that the partition finding was unnecessary to the decree, did not operate as res judicata, and could not be used to sustain a late amendment of the appeal memorandum filed without explanation or condonation. The High Court's decision was set aside and the trial court's decree restored. Case-Laws Indian Laws Tue, 09 Apr 1974 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=157308