Showing : 331-340 of 822 Results

KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Partition suit - Additional prayer for declaration flowing from facts and averments already made in the original plaint and subsequent events happened between parties - Proposed amendment is necessary to determine the real controversy between parties as merits of case is not..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Partition suit - Plaintiff seeking impleadment of DDA and brother of defendant as party defendants - Suit property belonged to original owner by way of perpetual lease deed given by DDA - Various questions would arise regarding validity of sale done by brother of defendant..........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2015
Details
Partition suit-- Court fee - Simple suit for partition by metes and bounds - Court fees is payable to extent of share claimed, and not on basis of valuation of entire property...........
JAMMU AND KASHMIR HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Partition suit - Amendment sought to incorporate the entire set of properties which were left over and are in continuity to case set up by plaintiff in plaint - Issues have been framed but evidence as yet has not been led - Refusal to allow amendment would leave the scope for..........
DELHI HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance - Claim of applicants based on their independent interest as successors-i, title of suit property not on the strength of a contract in respect of which present suit for specific performance has been instituted - Applicants are neither..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 12, Rule 6-- Judgment on admission - Suit for possession and recovery of damages - Regarding recovery of damages this question has not been decided either in earlier suit for partition or in this suit - Decreeing entire suit on the basis of ownership of plaintiff already decided in earlier suit, decree for..........
KERALA HIGH COURT
Year of decision: 2015
Details
Specific Relief Act, 1963, Section 31-- Cancellation of document - Property in co-ownership sold out by defendant to the extent to his share - Simply for the reason that sale deed in question does not mention the right of plaintiff, it will not become void or voidable at the option of plaintiff - Moreover, there is no recital in said..........
SUPREME COURT OF INDIA
Year of decision: 2015
Details
Partition -- Co-sharers, coparcener, co-owner or joint owner - Factors to be taken into consideration by Court while deciding the suit : (1) the nature and character of the properties in suit such as who was the original owner of the suit properties, how and by which source he/she acquired such properties,..........
PATNA HIGH COURT
Year of decision: 2015
Details
Evidence Act, 1872, Section 50-- Proof of relationship - Partition suit - Plaintiff claims to be daughter of owner of suit property - Evidence of witnesses who are of same village that owner of suit property had two daughters and plaintiff is one of them, is admissible - These witnesses had special means of knowledge regarding..........

Showing : 331-340 of 822 Results