Civil Procedure Code, 1908, Order 41, Rule 11 -- Partition - Final decree - Factors to be taken into account - Held, while making final decree actual occupation and residence and construction by any party must be given due regard - If the area in actual use and occupation of each party is not equal then the party having/getting lesser area may be compensated in terms of..........
Civil Procedure Code, 1908, Section 96, 97 -- Partition - Passing of final decree contrary to preliminary decree - Even if judgment/order of Court is in accordance with relief sought for, it is not open for Court to pass such a relief in final decree in the absence of a preliminary decree - Where there is a conflict between preliminary decree and the final decree, final..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition - Preliminary decree - There is no impediment in passing of more than one preliminary decrees, if after passing of the preliminary decree and before the passing of the final decree, there is change of circumstances...........
Civil Procedure Code, 1908, Section 97 -- Partition - Preliminary decree - Aggrieved party if does not appeal against passing of preliminary decree then he is precluded from disputing its correctness in any appeal which may be preferred from the final decree...........
Partition Act, 1893, Section 3 -- Partition suit - D1 contended at the time of passing of final decree that the entire house should have been allotted in his favour on the ground that he happened to be the major share holder in suit house - No application under the Partition Act, 1893 was filed - Held, contention liable to be rejected...........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Legal heirs - Suit for partition - Preliminary decree passed wherein it was held that mother and brother of defendant had no right, title and interest in the suit property - Final decree proceedings based on the right declared in preliminary decree - As right of mother was negated in the preliminary decree, non..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Substitution of legal heirs - Suit for partition - Mother and brother of appellants arrayed as co-defendants as they also claimed their share - Suit decreed and preliminary decree passed holding that mother and brother of appellant have no right title and interest in suit properly - Final decree prepared on basis of..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Compromise decree - Partition suit - Compromise petition has been recorded and for payment of court fee and for passing final decree - Further, case was adjourned to various dates - Thereafter, suit was dismissed for default for no, payment of court fees - Legality of - Held,..........
Civil Procedure Code, 1908, Order 23, Rule 3, Civil Procedure Code, 1908, Order 20, Rule 18 -- Partition suit - Compromise decree - Procedure to be followed - Held, once the parties have partitioned the properties among themselves and when compromise is recorded only remaining things to be done by Court is to pass a final decree - Only act to be done is to engross the..........
Civil Procedure Code, 1908, Order 7, Rule 10 -- Return of plaint - Earlier suit filed for injunction dismissed in default - Subsequently, plaintiff came to know about partition suit, which emerged among defendants and passing of preliminary decree and final decree thereunder - After dismissal of previous injunction suit, attempts made by defendants to intermeddle into..........
