Showing : 81-90 of 812 Results

RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 39, Rule 1, 2-- Temporary injunction - In a suit for partition, redemption of mortgage and specific performance of contract, Courts adopt a pragmatic approach to preserve and protect status/nature of immovable property to avoid multiplicity of proceedings and other complications...........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 7, Rule 11-- Rejection of plaint - Partition suit - Suit property sold by father of plaintiffs in 1988 and he died in 1994 - Daughters do not become coparcenars if father was not alive in view of Amendment brought to S.6 of Hindu Succession Act - There is thus, clear bar to seek partition of property - Except..........
KARNATAKA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Partition suit - Amendment sought to include averment in respect of one more property which is a joint family property - Existence of property in question could not be ascertained while filing additional written statement, in spite of due diligence on the part of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Suit for partition and separate possession - New plea raised u/s 14 of Hindu Succession Act, 1956 by plaintiff that mother is full-fledged owner of suit property - It is mixed question of law and fact - Such issues cannot be allowed to be raised for first time in second appeal -..........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Appointment of Local Commissioner - Partition suit - No dispute regarding possession over plot in question - Application filed just for purpose of delaying proceedings of appeal - No infirmity found in impugned order of rejecting application for appointment of local commissioner...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 151-- Suit for declaration and permanent injunction - Another suit for partition pending including parties to the present appeal - All the properties including the subject matter of appeal should be adjudicated in one suit though claimed by one party belonging to the family or/and its members and denied..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Limitation Act, 1963, Article 65-- Limitation - Partition suit - Plaintiff married prior to amendment of S.6 of Hindu Succession Act, thus, she may not be a co-parcenar - However, properties being self acquired properties of testator, till his death, right and title in properties were vested in him - De hors the Will, none of..........
PATNA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 41, Rule 1-- Appointment of receiver - Partition suit - Death of Receiver appointed by Court - Family of receiver using the property since the death of receiver - It is thus, just and convenient to appoint son of receiver as receiver - Direction issued...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - At belated stage - Suit for declaration and partition - Amendment sought to change area of suit plot and also to add co-sharer in said property - Plea that defendant could not disclose every aspect to their lawyer regarding suit property, which were detected at..........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - Suit for declaration and partition - Amendment sought to change entire area of plot to lesser area admitted in written statement - Amendment cannot be allowed as it amounts to withdrawal of admission in written statement...........

Showing : 81-90 of 812 Results