Showing : 171-180 of 822 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Court Fees Act, 1870, Section 7-- Ad valorem Court fee - Partition suit - Where plaintiff claims to be in possession of suit property, no ad valorem Court fee is required to be affixed, as every co-sharer is by legal fiction deemed to be owner in possession of every part of property...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading legal representative - Death of sole defendant - Partition suit - Petitioner sought her impleadment on basis of registered Will said to have been executed by deceased defendant in her favour - However, execution of Will itself is in dispute - It may not be permissible for High Court to..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Impleadment of a party - Suit for specific performance and permanent injunction - Plaintiff entered into development agreement with defendant along with other joint owners - There was family settlement cum partition deed between co-owners of property which includes defendant and proposed..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Suit for declaration, possession and for permanent injunction - Amendment sought to incorporate additional prayer of possession by partition and recovery of mesne profits - Proposed amendment if allowed would change the nature of suit, which is not permissible in law -..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 151, Order 23, Rule 1-- Withdrawal of suit - Partition suit - Withdrawal sought on the ground that all the properties of family and other co-parceners as parties were not included in the suit - However, plaintiff has already availed the remedy of including other co-sharer as a party and also took steps for getting..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 7, Rule 14-- Production of documents - Suit for partition and rendition of accounts - Copies of bank statements and cheques etc. relating to bank accounts of father and mother of parties are necessary and relevant for deciding the suit - These documents will definitely help Court to at least arrive at the..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for possession - Defendant was put into possession of suit property pursuant to agreement to sell executed by father of plaintiff - Construction over suit property was raised by defendant with consent of plaintiff, who never objected to same - Possession of defendant is..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - Partition suit - Plaintiff by way of amendment wanted to add one more item of family property into suit schedule property - Trial has not commenced and since both plaintiff and defendant are claiming right over property, no prejudice would be caused to party - Issue as to..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Hindu Succession Act, 1956, Section 16(3), 29A(As-- Right of illegitimate daughter - Partition suit - Illegitimate children can claim right over parent property only after demise of parent and not before that - They cannot seek right over properties as a coparcener - Illegitimate daughter has no right to claim partition during life time of her..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Partition suit-- Ancestral properties - Specific defence of defendant No.1 is that all the properties are not ancestral, as some of properties are inherited through his father and rest are purchased by him out of his own earning - It is therefore, erroneous to classify all suit properties including properties..........

Showing : 171-180 of 822 Results