Showing : 11-20 of 822 Results

ALLAHABAD HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Section 96-- Appeal - Partition suit - No appeal lies in a partition suit, unless a partition scheme is finalized and final decree is prepared, as appeal lies only against final decree and not against partition scheme...........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - Concept of dominus litis - It is for plaintiff to choose a party as a defendant since he is dominus litis and no one can force plaintiff to add any party as a defendant in suit - However, concept of dominus litis will not strictly apply in a suit for partition since in..........
MADRAS HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 8, Rule 6A, Civil Procedure Code, 1908, Order 1, Rule 10(2)-- Counter claim - Impleadment of a party - Partition suit - Defendant wants to add certain parties as defendants, as they are necessary and proper parties to suit - Counter claim is in the nature of cross suit - Defendant held, entitled to add them as defendants, since he is dominus litis in so far..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Specific Relief Act, 1963, Section 38-- Suit for permanent prohibitory injunction - Plaintiffs stated that they along with defendant and other co-sharers are joint owners in possession of suit land - However, admission made by DW4 and statements of PWs, defendant and other co-sharer nowhere suggest that suit land is still joint amongst..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 20, Rule 18(ii)-- Preliminary decree - Partition suit - Passing of preliminary decree U.O.20.R.18(ii) CPC is not mandatory in each and every case - It is only in cases where Court comes to conclusion that if partition or division of property cannot conveniently be made without further enquiry, a preliminary decree..........
TELANGANA HIGH COURT
Year of decision: 2019
Details
Civil Procedure Code, 1908, Order 20, Rule 18(ii)-- Final decree - Auction sale - Partition suit - Property is indivisible as per shares allotted in preliminary decree - Preliminary decree itself could have been made as a final decree - Trial Court rightly allowed application of plaintiff for conducting auction so as to distribute sale proceeds as..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2019
Details
Co-sharer -- Sale of property by one co-owners - Purchaser put in possession of a specific portion - Raising of construction by purchaser - Suit for injunction does not lie - Remedy is to file suit for partition - Sale of land by a co-sharer of property which is in his exclusive possession is subject to..........
CALCUTTA HIGH COURT
Year of decision: 2019
Details
Limitation Act, 1963, Article 113-- Limitation - Claim of absolute ownership by defendant - Partition suit - Plaintiff in 1980 relinquished his title over suit property - Suit for partition was filed by plaintiff in 2004 - Defendant did not make any attempt within three years from registration of said deed of sale or within period..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Punjab Courts Act, 1918, Section 41- - Translation of gift deed - Partition suit - Plaintiff executed gift deed in favour of his stepmother - Gift deed was originally written in Urdu and was thereafter translated to Punjabi Language and next translation was done in English as also transliteration - There would be reliance on an..........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Partition suit -- Property in question gifted by plaintiff to her step mother - Perusal of gift deed shows that what is sought to be gifted does not mention any lesser land than whole land - No part of land held back by plaintiff - Even translation of gift deed also shows that donee is deemed to be the owner in..........

Showing : 11-20 of 822 Results