Showing : 81-90 of 704 Results

TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Nomination-- Intestate succession - Suit for partition - Suit property acquired by original allottee, `G' by virtue of being a member of co-operative society - After death of `G' property transferred to his wife, being the nominee - No document to show by whom remaining instalments were paid - Even if..........
UTTARAKHAND HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Partition suit - Defendant by way of amendment trying to withdraw admission made in written statement regarding half share of plaintiff in suit property - This would cause grave and irretrievable prejudice to plaintiff, who would be displaced completely in the..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 24, Succession Act, 1925, Section 264, 278-- Transfer of case - Probate proceedings - Question of legality of Will or right of deceased over property in respect of which Letter of Administration is claimed cannot be adjudicated by Probate Court - Such issues can be gone into by a Court having original civil jurisdiction - Probate proceedings..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 32, Rule 3-- Suit for partition - Preliminary decree affirmed by Apex Court - Plea of minority - Appellant was already on record as legal heir of M and was represented by a counsel - Claim of appellant, who admittedly turned major at the time of passing of decree, was considered by Apex Court on merits also..........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Proceedings pending before Sub Registrar - Subsequently civil suit filed for partition - Two different cases not pending before two different civil Courts - Proceedings pending before Registrar cannot be termed as suit pending before competent civil Court - S.10 CPC is not..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At the instance of defendant - Partition suit - Very wording of O.6.R.17 CPC enables own pleadings to amend or alter and not of opposite party - Defendants, who are entitled to share either as co-owners or co-sharers are at par in status with plaintiff is different from..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint - At the instance of defendant - Partition suit - Non inclusion of certain properties - It is only own pleadings which can be allowed to be amended and not of opposite party - If suit is based on joint possession by payment of fixed court fee can show in the written statement..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Partition suit - Merely because trial Court may proceed to decide application of plaintiffs U.O.12.R.6 CPC, that may not be reason for not allowing proposed amendment to written statement, particularly when amendment sought to elaborate certain facts and to bring..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Specific Relief Act, 1963, Section 39-- Mandatory injunction - Revocation of licence - Seeking vacant possession of house - Plaintiff purchased 3-3/4 share out of 7 Marlas of land - Plaintiff thus became co-sharer - Remedy for him is to seek separate possession by way of partition - Till then he cannot seek ejectment of defendant by..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Consolidation of suits - Boundaries specified in both suits i.e suit for partition and suit for permanent injunction not same - Defendants contended that property in subsequent suit is one for which partition is sought in earlier suit for partition - Said fact not denied by plaintiffs - Injunction..........

Showing : 81-90 of 704 Results