Showing : 61-70 of 680 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Partition suit-- Claimed by daughters - Plea of oral partition - No evidence on record to show that there was an oral partition and properties were divided in a particular manner in said oral partition - As regarding claim of defendant no.1 that plaintiffs agreed to give up their shares in suit property, same is..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Partition suit-- Claimed by daughters - Defendant contended that plaintiff no.2 was allotted 1/6th share as per Court order in 1972, therefore, she is not entitled to any share in suit property - However, evidence on record shows that said money was drawn by defendant no.1 as eldest male member of family - With..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Partition suit-- Claimed by daughters - Defendant no.1 contended that he spent a sum of Rs.5 lacs for development of suit property - However, no documents produced in order to buttress claim of defendant no.1 regarding expenditure incurred by him in developing the property - No particulars of development given in..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Partition suit - Defendant by way of amendment trying to withdraw admission made in written statement regarding half share of plaintiff in suit property - This would cause grave and irretrievable prejudice to plaintiff, who would be displaced completely in the..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Nomination-- Intestate succession - Suit for partition - Suit property acquired by original allottee, `G' by virtue of being a member of co-operative society - After death of `G' property transferred to his wife, being the nominee - No document to show by whom remaining instalments were paid - Even if..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 264, 278-- Transfer of case - Probate proceedings - Question of legality of Will or right of deceased over property in respect of which Letter of Administration is claimed cannot be adjudicated by Probate Court - Such issues can be gone into by a Court having original civil jurisdiction - Probate proceedings..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Proceedings pending before Sub Registrar - Subsequently civil suit filed for partition - Two different cases not pending before two different civil Courts - Proceedings pending before Registrar cannot be termed as suit pending before competent civil Court - S.10 CPC is not..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At the instance of defendant - Partition suit - Very wording of O.6.R.17 CPC enables own pleadings to amend or alter and not of opposite party - Defendants, who are entitled to share either as co-owners or co-sharers are at par in status with plaintiff is different from..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement..........

Showing : 61-70 of 680 Results