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SUPREME COURT OF INDIA
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Preliminary decree - In a suit for partition of immovable property, if such property is not assessed to payment of revenue to the government, ordinarily passing of a preliminary decree declaring the share of the parties may be required...........
CHHATTISGARH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Suit for partition - Preliminary decree - Decree merely declares rights and liabilities, leaving the actual result to be worked out in further proceedings for purpose of partitioning suit property by metes and bounds between parties - Held, decree passed by trial court is a preliminary decree...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 4-..........
PATNA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Severance of joint family status - Held, as soon as plaint (Partition suit) was presented by "R", there will be presumption that coparcenary status of the family ceased - Therefore, in the present case, coparcenary status of the family ceased in the year 1989 itself when plaint was..........
CALCUTTA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 3(as, Civil Procedure Code, 1908, Order 49, Rule 3(5)- - Recall of judgment - Judgment pronounced in open Court - Not signed - Inadvertent mistake detected in Judgment - Judge can recall, alter and correct relevant part of judgment after notice and fresh hearing...........
KERALA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 18, Civil Procedure Code, 1908, Order 41, Rule 1-- Ex parte preliminary decree - Pendency of application for setting aside - Passing of final decree - Effect - Held, pending an application to condone delay in filing an application for setting aside ex parte preliminary decree, if a final decree is passed, on setting aside of ex parte decree, final..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 12, Rule 6, Civil Procedure Code, 1908, Order 15, Rule 1, Civil Procedure Code, 1908, Order 20, Rule 5-- Judgment on admission - Framing of issues - Necessity of - Held, necessity to frame issues, much less to record evidence is obviated in cases where claim of plaintiff is admitted by defendants at threshold - If admission is in its entirety, the suit can be decreed as prayed for - On the other..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 33, Order 20, Rule 7-- Judgment and decree - Dates thereof - Held, date of decree would be same on which judgment was pronounced but signature of Judge on decree shall be made or can be made subsequently when he is satisfied that decree has been drawn up in accordance with judgment - Therefore, date under signature of..........
ALLAHABAD HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Section 33, Order 20, Rule 7-- Expression "date of decree" - Meaning thereof - Held, decree comes into existence on date of judgment even though it is signed later - As soon as judgment is pronounced, decree is there - In law it comes into existence though it is not formally prepared and signed on same date - Expression "date..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 20, Rule 14-- Decree in pre-emption suit - Entire sale consideration, as stipulated in decree, deposited in Court, in time - Held, title of ownership would accrue to pre-emptor in respect of pre-empted properly then and there and would not depend upon delivery of possession...........

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