Showing : 1-10 of 18 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Section 5-- Condonation of delay - Delay in filing appeal - Partition suit - Earlier application u/s 5 of the Act filed along with appeal against preliminary decree containing identical assertions rejected by this Court - Rejection of earlier application thus, operates as res judicata - Moreover, there is no..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Final decree - Partition suit - Where appeal against preliminary decree rejected even on the ground of limitation, it shall operate as a fetter to appellant's right to lay challenge to final decree on ground already raised and rejected during dismissal of appeal against preliminary decree..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Execution of preliminary decree for partition - Limitation - Execution sought after 30 years of passing of preliminary decree - Till partition is carried out and final decree is passed, there is no question of any limitation running against right to claim partition as per preliminary decree - Even..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2016
Details
Civil Procedure Code, 1908, Order 9, Rule 13, Limitation Act, 1963, Section 5-- Setting aside ex-parte decree - Delay of 101 days - Condonation - Suit for partition - Petitioners in their affidavit stated about knee operation undergone by counsel, but said fact was not taken into consideration by Court below - Since it is suit for partition and substantial rights of parties..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Partition suit-- There is no limitation for applying and obtaining final partition decree and till passing of complete final decree, suit is deemed to be pending...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Partition suit-- Once there is preliminary decree and even earlier any final decree application filed and withdrawn - No bar to file fresh final decree application, as there is no limitation till passing of final decree, suit is deemed pending - Separate suit is not maintainable to work out preliminary decree -..........
TRIPURA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 54, Order 20, Rule 18-- Final decree - Partition suit - Application for preparation of final decree can be moved by either party as in partition suit each and every party is both plaintiff and defendant - Provision of Limitation Act do not apply in such cases - However, final decree proceedings are to be drawn up by..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Preliminary decree - Partition suit - Any number of preliminary decrees can be passed in a suit for partition after first preliminary decree is passed - There is no legal inhibition for passing such preliminary decrees and limitation is not at all applicable...........
PATNA HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 3-- Partition suit - Compromise decree - Plea of fraud - Limitation - Held, there is no limitation prescribed for maintaining an application u/s.151 CPC for questioning compromise decree on grounds of fraud...........
SUPREME COURT OF INDIA
Year of decision: 2011
Details
Hindu Minority and Guardianship Act, 1956, Section 8, Limitation Act, 1963, Article 58, 65-- Sale of minor's property by guardian - Property in possession of minor - Property included in the suit for partition filed by plaintiff on the basis of sale deed - It was only then that execution of alleged sale deed was disclosed to the minor - Minor had no cause of action to file a suit..........

Showing : 1-10 of 18 Results