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 recorded finding in previous judgment..........
Civil Procedure Code, 1908, Section 152 -- Correction of judgment - Partition suit - Location of property not correctly mentioned in judgment - Pursuant to orders passed by trial Court, plaint and decree stand amended - Merely because judgment of trial Court has not been corrected to indicate correct location of suit property, that cannot be ground to defeat execution of..........
Partition suit -- Grandfather of parties was declared owner of suit property in earlier judgment, which is relied upon by plaintiffs in this case - Plaintiffs proved that suit property belonged to grandfather of parties, who executed Will in favour of their father with life interest to their mother and therefore, parties being their children become owners of suit property..........
Civil Procedure Code, 1908, Order 6, Rule 17 -- Amendment of written statement - Amendment sought after suit was remanded - Amendment is permissible once Appellate Court sets aside the judgment and decree and remands suit for decision afresh - Amendment sought (i) regarding partial partition and (ii) regarding valuation of the suit - It does not change nature of suit -..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendants pleaded that their father executed Will in favour of his second wife/mother of defendants bequeathing all his properties - Details of said Will not furnished by defendants - Plaintiff on the other hand brought to light a registered Relinquishment deed executed by defendants..........
Benami Transactions (Prohibition) Act, 1988, Section 4(1) -- Benami transaction - Suit for partition, possession and mesne profits - Maintainability of suit - Plaintiff admittedly claimed 1/3rd share of suit property purchased in the name of defendant - Registered sale deed is in the name of defendant - Suit filed in 1990 after coming into force of Benami Act - It is not..........
Civil Procedure Code, 1908, Order 12, Rule 6 -- Judgment on admission - Partition suit - Defendant No.3 stated that suit property was purchased by him in the name of his mother as trustee, not put forth in pleading - Defence of defendant No.3 does not fall within exception of S.4(3)(b) of Benami Act and thus, barred by law under said Act - Once defence is barred by law,..........
Hindu Law -- Partition - Suit by daughter claiming share in property owned by father - Suit property being HUF properties stood owned by his three sons by virtue of compromise decree passed in 1976 - Judgment and decree passed in respect of pre-existing rights of coparceners of HUF in the HUF properties - Judgment and decree not require to be registered - Plaintiff being a..........
Civil Procedure Code, 1908, Order 1, Rule 10 -- Impleadment of a party - At the stage of judgment - Permissibility - Partition suit - Suit instituted in the year 2006 - However, no explanation on behalf of petitioner as to how all of a sudden he has gained knowledge about pendency of a civil suit and all other developments that have taken therein and moved an application..........
