Civil Procedure Code, 1908, Section 100 -- Second appeal - Suit for partition and separate possession filed by plaintiff to the extent of 1/4 share under Mohd. Law - Suit decreed - Appeal allowed by appellate court - High Court allowed second appeal without formulating substantial questions of law - Held, jurisdiction of High Court u/s 100 of CPC is not akin to appellate..........
Consent decree -- Decree for possession - (1) Decree in regard to possession and no right of ownership transferred; (2) No evidence that defendant actually appeared at the time of suffering the decree; (3) No evidence produced that any summons were issued in that suit; (4) No evidence led that partition was effected between grandsons and grandfather on the basis of which..........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Hindu Law - Joint family property - Partition deed - Appellants have successfully rebutted the presumption of continuance of joint family and they have proved that suit property was partitioned long time back by metes and bounds - Each of the three holdings has its own area and contours - It is not just a case of mere..........
Civil Procedure Code, 1908, Order 23, Rule 3, 3A -- Compromise decree - Challenge to - Independent suit - Maintainability - Compromise entered into in an appeal before High Court to modify terms of a preliminary decree passed in a partition suit - Appellant was a party to the appeal - Claim that she had not been served with notice of appeal - She had not consented to..........
Punjab Pre-emption Act, 1913 -- Pre-emption - Decree passed on 17.12.1993 and decreetal amount deposited on 24.1.1994 whereas partition order was passed on 30.3.1994 - On deposit of purchase money in Court by the claimant the right and title to the property vest in the pre-emptor and it becomes vested right of the pre-emptor - Right of pre-emption prior to the decree may..........
Civil Procedure Code, 1908, Order 21, Rule 32 -- Execution - Decree for possession of land - Execution - Judgment debtors filed objections stating therein that they have purchased the shares of some of the decree holders vide registered sale deed - Held, decree cannot be executed - Decree holder to file suit for partition...........
Partition -- Partial partition - Suit for partition of ancestral property between siblings - Property inherited after death of father dying intestate - No proper weightage to the fact that apart from the suit property, there were other properties also to be claimed for - Partial partition not allowed - Impugned judgment and decree set aside - Appeal allowed...........
Civil Procedure Code, 1908, Order 38, Rule 5 -- Attachment before judgment - Property not subject matter of partition cannot be attached U.O.38.R.5 CPC...........
Civil Procedure Code, 1908, Section 152 -- Partition decree - Amendment - Fault occurred because of the mistake committed by the office - To meet the ends of justice, the Court which passed the said judgment can definitely amend the decree - No doubt, when once the judgment is pronounced, the Court becomes functuous officio but it does not mean that the Court cannot pass..........
Punjab Land Revenue Act, 1887, Section 111, 112, 113, 114, 115, 116, 117, 118 -- Mode of Partition - Determination of - AC II Grade to inspect the land - Form his own judgment on the value of different pieces of land - Determine value additions, attributable to shareholder or community - Decide mode of partition with clear statement on considerations of value of land,..........
