Showing : 71-80 of 812 Results

MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 26, Rule 9-- Local commissioner - Suit for partition - Appointment of Advocate Commissioner to take inventory of locker standing in name of deceased - Order appointing Commissioner to take an inventory of the locker and for recording availability of documents and to file a report to that effect - No infirmity..........
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 - Suit for partition - Though in a suit for partition, every party is a plaintiff, on that score one party cannot amend pleadings of the opposite party as such course will lead to chaotic and complex situation and multifarious consequences...........
MADRAS HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Section 24-- Transfer of partition suit - Presiding officer of Court is upset/anguish with defendant on the basis of complaint lodged with reference to Court proceeding are not the reasons which are to be taken at face value, particularly when alleged upset/anguish on the part of said Presiding Officer is not..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Co-sharer-- Partial partition - Suit for partial partition in absence of other co-sharers is not warranted in law...........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary parties - Suit for partition - No evidence to show that widow of `D' got remarried and lost her right in suit property - Widow is necessary and proper party to proceedings - Suit is bad for no, joinder of necessary party - More so, defect of no, joinder is fatal and cannot..........
KERALA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 8, Rule 6A-- Counter claim - Can be raised in a suit for partition, as it can be brought in respect of any claim that can be subject matter of an independent suit - Counter claim cannot be confined only to money claims or to causes of action of same nature as original action...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Partition suit -- Foundation of claim of plaintiff is the partition deed through which ancestral properties fell to share of her father - Plaintiffs thus, not permitted to contend that they are not bound by said partition deed - Father of plaintiff settled his share of properties allotted to him in said partition..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Joint property-- Purchases of undivided share - Subsequent purchaser in a joint khata steps into shoes of his or her vendor - He at the most becomes co-owner with existing co-sharers - If someone has purchased undivided share in joint khata, only remedy for him is to file a suit for partition and thereafter claim..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After completion of plaintiff's evidence - Suit for partition - Amendment sought to include certain more properties of common ancestors - Amendment sought if allowed, would not only change the scope of suit in its entirety, but would also lead to its de novo trial..........
RAJASTHAN HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of written statement - After commencement of trial - Suit for partition - Amendment sought to include more ancestral properties - Petitioner failed to establish that he was not aware about the remaining ancestral property or he came to know about that immediately at the time of filing..........

Showing : 71-80 of 812 Results