Showing : 1-10 of 16 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of proceedings in subsequent suit - Two different suits filed in different jurisdiction for same estate - Suit at Ambala seeks decree of mandatory injunction directing petitioner to vacate suit premises and hand over its possession on basis of oral family settlement in 1998 whereas suit at..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal in default - Bar of subsequent suit - Suit for partition - Cause of action for filing present suit distinct from cause of action for filing earlier suit - Subsequent suit filed only with regard to one of the joint family properties that came to be purchased by the predecessor of the..........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 8, 9-- Partition suit - Dismissal in default - Bar to fresh suit on same cause of action - Not applicable to partition suit - Successive suit for partition on same cause of action, is maintainable till partition is effected by metes and bounds...........
CHHATTISGARH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11, Order 9, Rule 8-- Res judicata - Partition suit - Dismissal in default - Order of dismissal for non appearance of plaintiff in earlier suit does not operate as res judicata in subsequent suit...........
SUPREME COURT OF INDIA
Year of decision: 2016
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Earlier suit for possession of entire property based on settlement deed - Whereas, subsequent suit for partition for plaintiff's one-half share in property based on her birth right - Cause of action in both the suit is entirely different - Dismissal of earlier suit would not, in any..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 2, Rule 3-- Cause of actions - Joining of - Contention that suit would be bad for multifariousness as different causes of action regarding dissolution of firm and rendition of accounts on one hand and partition of individual property of plaintiff and defendant No.2 on other hand have been joined - Held,..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 115, Order 23, Rule 1-- Partition suit - Between mother and son - Memo for withdrawal of suit filed by plaintiff considering the welfare of her son - Court recorded memo and dismissed suit as withdrawn - Plaintiff challenged dismissal on grounds that her son had played fraud on her in filing aforesaid memo and her lower..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal of suit for non prosecution - Conveyance deed challenged - Suit dismissed for default - Subsequently suit for partition filed - Held, by abandoning the challenge to the conveyance deed and by his conduct accepted its existence and validity...........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2007
Details
Civil Procedure Code, 1908, Order 9, Rule 9-- Dismissal of suit for non prosecution - Suit challenging conveyance deed dismissed for default - Subsequent suit filed for partition - Held, transfer deed thus remained unchallenged - Transfer deed being intact, plaintiff cannot be permitted to claim any right in the property and ask for..........

Showing : 1-10 of 16 Results