Showing : 51-60 of 752 Results

CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for declaration and partition - Amendment sought to change entire area of plot to lesser area admitted in written statement - Amendment cannot be allowed as it amounts to withdrawal of admission in written statement...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - At belated stage - Suit for declaration and partition - Addition of co-sharers - Defendant seeking to introduce existence of co-sharer in said property, who never found place in original written statement - Amendment cannot be allowed...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 38-- Permanent injunction - Prayer in the alternative for decree of possession - Suit dismissed on the ground that suit is merely for permanent injunction - Validity - Property is a vacant piece of land - Possession of a vacant piece of land always follows title - Both the Courts below have found that..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 14, Rule 2-- Issues - Partition suit - Issue with regard to maintainability of suit and non joinder of necessary parties - Cannot be decided as preliminary issue...........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 34-- Suit for declaration - Plea of plaintiff that they purchased suit property from original owner but name of legal heir of original owner is wrongly mutated in revenue record - Remark column of revenue record shows that legal heir of original owner sold suit property to defendants - Plaintiff filed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 11-- Res judicata - Issue regarding whether parties are co-owners/co-sharers or not is decided against plaintiffs in previous suit for permanent injunction - In previous judgment as well as in present litigation, there is proceedings for partition of property before competent authority and Court..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Appeal by person not party to suit - Leave to appeal - Partition suit - Preliminary decree - Appellant is transferee pendente lite - He is in possession of suit property and is directly affected by preliminary decree passed in partition suit - Appellant held, permitted to file appeal against..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Partition suit -- Plea of ouster - Defendant claims exclusive right over suit property by plea of ouster - However, documents produced by defendant have not disclosed his absolute ownership over suit property - Documents relied upon by defendant were not executed with knowledge of mother of plaintiffs and further..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Will-- Cancellation of - Original suit was not a suit for partition but it was a suit for cancellation of disputed Will, therefore, Courts below were not required to ascertain shares of all parties...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 11, Rule 12-- Discovery of document - Maintainability - Suit for partition and separate possession - Plaintiffs filed suit claiming suit property as ancestral - It is their bounden duty to prove the same by adducing oral and documentary evidence - Admittedly, in present case trial has not begun - Therefore, no..........

Showing : 51-60 of 752 Results