Showing : 161-170 of 822 Results

BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17, Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Amendment of plaint - Partition suit - Amendment sought to add certain properties and necessary parties to suit - Suit for partition is not tenable unless all co-owners are joined as parties - Co-owners are necessary parties to suit and suit should not be dismissed for no, joinder of necessary..........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Appointment of receiver - Partition suit - Prima facie an opinion has been formed by Courts below about property being joint in absence of any tangible evidence at that stage to the contrary and based thereon an order allowing application for appointment of receiver - Orders have been passed to..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2, Transfer of Property Act, 1882, Section 52-- Temporary injunction - Pendente lite purchaser - Part of property purchased by party during pendency of partition suit - Would disentitle him to equitable relief of temporary injunction due to his conduct, particularly when he has knowledge about pendency of partition suit...........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 60-- Limitation - Partition suit - Mahomedan Law - Suit for partition filed by plaintiff after 28 years of attaining majority - Suit is not maintainable as plaintiff has not filed suit within 3 year after attaining majority u/art 60 of Limitation Act - Suit rightly dismissed...........
KERALA HIGH COURT
Year of decision: 2017
Details
Limitation Act, 1963, Article 60-- Limitation - Partition suit - Mohammadan Law - Suit for partition simplicitor laid 28 years after plaintiff attained majority is not maintainable in law, as it was not filed within 3 years after she attained majority as such suit was bound to fail - Suit barred by limitation...........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Family Courts Act, 1984-- Giving share to a stranger who is treated as member of family - It is family arrangement - Challenge thereto cannot be in respect of properties allotted to one person/stranger - Entire settlement must be challenged and not a part thereof - Plaintiff is estopped from his conduct by questioning..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 23, Rule 1(4)-- Withdrawal of suit - Partition suit - Earlier suit for partition filed by defendants withdrawn - Plaintiffs deriving right to suit property through defendants - Though plaintiffs have independent right to extent of their share, but in view of family settlement having been acted upon to knowledge..........
KARNATAKA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim as to adverse possession - Rejection of - Partition suit - Defendant not preferred an appeal challenging rejection of his counter claim - Finding of Court as to counter claim thus, attained finality - Rejection of counter claim has least effect on specific defence taken by defendant..........
CHHATTISGARH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Suit for declaration of title, partition and separate possession - Suit property is ancestral property in which plaintiff is claiming half share - Defendant prayed for rejection of plaint on the ground that plaint discloses no cause of action in favour of plaintiff, as..........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Partition suit - Plea by defendant in written statement of prior partition - Plaintiff not denying existence of prior partition in present case - Dispute has a great bearing on outcome on claim of a previous partition - Defendants directed to begin the hearing first...........

Showing : 161-170 of 822 Results