Civil Procedure Code, 1908, Section 54, Order 20, Rule 18, Civil Procedure Code, 1908, Order 26, Rule 13, 14 -- Partition suit - Preliminary decree - Actual partition is done by issuing a commission - Report of the Collector or Commissioner has to be received and Court either by way of confirmation of the report or it being varied, a decree in accordance therewith has to..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Suit for partition - Property in exclusive name of respondent - Appellant failed to adduce evidence to confirm that joint family property nucleus had sufficient funds to acquire suit property and therefore it was joint property - Respondent led sufficient evidence that he purchased family land from his father and brother and..........
Partition Act, 1893, Section 2, 3, 4, Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Not convenient to partition the property by metes and bounds - Value of property made and sale made in favour of one of co-sharers who made higher offer - None of the co-sharers raised any objection - Sale confirmed - Sale cannot be set aside on a higher offer by a co-sharer..........
Constitution of India, 1950, Article 142, Partition Act, 1893, Section 3, Civil Procedure Code, 1908, Order 20, Rule 19 -- Partition - Preliminary decree attained finality - Commissioner found that partition by metes and bound cannot be made - Sale of property by public auction - Offer of higher price - Respondent No. 1 is an assignee from some of the co-sharers after the..........
Constitution of India, 1950, Article 142, Partition Act, 1893, Section 3, Civil Procedure Code, 1908, Order 20, Rule 19, Suit for partition -- Preliminary decree attained finality - Plaintiff/Bank have 83 out of 124 shares - Sale of property by public auction - Plaintiff did not seek to enforce its rights to buy the rights of the other co-sharers in terms of Sec. 3 of the..........
Civil Procedure Code, 1908, Section 148, Order 20, Rule 12 -- Pre-emption suit - Decree - Deposit of pre-emption money - Extension of time - Deposit in decree - Provision of O.20.R.14 is mandatory - Failure to comply with direction amounts to dismissal of suit - Provision of S.148 is not applicable in a suit dealing with pre-emption - Time for deposit of pre-emption money..........
Civil Procedure Code, 1908, Order 20, Rule 19 -- Decree passed in a suit where counter claim was preferred - Appeal against - Cross objections of the petitioner will be decided by the same appellate Forum...........
Civil Procedure Code, 1908, Order 20, Rule 7 -- Decree though prepared at a later date shall relate back to the date of the judgment...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree - Declares the rights and liabilities of the parties - In a given case a decree may be both preliminary and final - There can be more than one final decrees - A decree may be partly preliminary and partly final - Final decree proceedings may be initiated at any point of time - No limitation is provided..........
Civil Procedure Code, 1908, Section 2(2), 54, Order 20, Rule 18, Civil Procedure Code, 1908, Section , Order 21, Civil Procedure Code, 1908, Section , Order 26, Rule 13, 14 -- Preliminary decree - Execution thereof - Non-intiation of final decree proceedings - Effect - Suit for partition - Preliminary decree passed - Final decree proceeding not initiated - Property put on..........
