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Results of declaration suit partition

Showing : 1-10 of 70 Results

MADHYA PRADESH HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by law - Earlier suit for declaration and permanent injunction filed by plaintiff dismissed - Subsequent suit filed for partition on different cause of action - After death of mother of plaintiff, Will came into force and plaintiff is challenging the same and regarding same relief of declaration..........

CALCUTTA HIGH COURT

Year of decision: 2019
Details

Limitation Act, 1963, Article 113 -- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period of limitation from date of declaration..........

SUPREME COURT OF INDIA

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - Partition suit - Daughter seeking impleadment after death of her father and mother claiming share left behind by them - Partition effected pursuant to decree passed in earlier suit for declaration cannot in any way disentitle daughter from claiming share in property of her father and mother - Though..........

KARNATAKA HIGH COURT

Year of decision: 2019
Details

Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of pendente lite purchaser - Partition suit - In a suit of partition at the stage of passing of a preliminary decree, only question that needs to be adjudicated by trial Court is whether property in question is a coparcenary property or a joint family property - For declaration of such shares at preliminary stage..........

CHHATTISGARH HIGH COURT

Year of decision: 2019
Details

Specific Relief Act, 1963, Section 34, 38 -- Declaratory relief - Suit for declaration and permanent injunction - Sale of suit property to different plaintiffs/vendees - Family partition between vendor and his brother/defendant and family partition was accepted by defendant and he remained in separate possession - Neither defendant questioned validity nor genuineness of..........

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, plaintiff also failed to..........

SUPREME COURT OF INDIA

Year of decision: 2018
Details

Civil Procedure Code, 1908, Section 151 -- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied by the parties against each other..........

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 - Amendment sought to change area of suit plot and also to add co-sharer in said property - Plea that defendant could not disclose every aspect to their lawyer regarding suit property, which were detected at belated stage, is vague - Such..........

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...........

Showing : 1-10 of 70 Results