Showing : 61-70 of 812 Results

HYDERABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for partition - Plaintiff by way of amendment seek to add 2 ancestral properties at the stage of cross-examination of witness of plaintiff - Plaintiff is an illiterate and is residing in different cities for ekeing out livelihood and by inadvertence and oversight the..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of intervenor - Partition suit - Intervenor purchased property and thus, has direct interest over subject in dispute - Intervenor is therefore a necessary party - Application rightly allowed...........
CHHATTISGARH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for partition - Maintainability - Defendant Nos.3, 4 did not take any steps to contest the suit and remained ex-parte when trial Court granted relief and they did not prefer any appeal - Rather second appeal is filed by defendant No.1 who got the share in suit property..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Maintenance and Welfare of Parents and Senior Citizens Act, 2007, Section 4, 5-- Eviction order - Pendency of civil suits of eviction and partition - Petitioners specifically claimed to be co-parcenars to suit property, which allegedly belongs to a Hindu Undivided Family - Since such rights are already subject to adjudication before competent Civil Courts, Tribunal acted..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 152-- Correction of decree - Decree passed in suit for partition and separate possession - Correction sought in the decree is not merely a clerical mistake or an error on the basis of an accidental slip or omission - Certainly it goes to merits of case - More so, very issue which touches upon extent of..........
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..........
ORISSA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 18, Rule 1-- Right to begin - Partition suit - Defendants alleged that some of properties are not partiable and they became exclusive owners of suit property after death of their father - In view of said stand, defendants shall begin first - Only when defendants lead some evidence in proof of their case,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 37, 38-- Injunction - Co-sharer in joint possession - Restraint order that without seeking partition, parties not to alienate, mortgage and raise construction - If one of the parties/co-sharer is granted liberty to raise construction, it would create multifariousness, much less, create impediments and..........
MADHYA PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34, 38-- Suit for declaration of title and permanent injunction - Unregistered partition deed - Said document can be relied on only for collateral purpose - In present case, plaintiff failed to prove possession over suit land, thus, said partition deed could not be used for collateral purposes - More so,..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Evidence Act, 1872, Section 58-- Facts admitted need not to be proved - Suit for partition - Defendant No.1 admitted the claim of the plaintiff, however, case remained pending for consideration - Court granted time to parties to enter into compromise but no settlement could be arrived - Thus, plaintiff filed an application to..........

Showing : 61-70 of 812 Results