Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Parties in both the suits are same - Both the suits have been filed seeking partition - Relief of declaration as sought in subsequent suit as to their right in ancestral property in question by plaintiffs is implicit in earlier suit - Subsequent suit held, stayed...........
Civil Procedure Code, 1908, Order 20, Rule 18 -- Preliminary decree in a partition suit without there being a final decree cannot be executed - When there is no final decree, there is no executable decree - Decree becomes executable only when final decree is passed...........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - Will executed by deceased in favour of his wife giving life interest and after her demise her three sons should enjoy property in equal shares - Ultimate legatees are grandchildren of deceased - Out of three sons of deceased, one died and other son was made party to suit -..........
Partition suit -- Seeking relief of declaration against agreement set up by defendants - Alleged agreement to sell by itself does not create any right in the property, except right of obtaining sale deed on that basis - Suit for partition is maintainable without seeking declaration against agreement to sell...........
Evidence Act, 1872, Section 112 -- DNA test - Paternity - Partition suit - Paternity of plaintiff/son is disputed by defendant/father - It is thus, necessary to decide whether plaintiff is son of defendant or not, for which DNA test is essential - Application for DNA test allowed - However, liberty is granted to defendant to comply with or disregard order requiring parties..........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of Court Commissioner - For bringing fact on record regarding change in structure standing on suit property - Suit filed for general partition - Super structure standing on property in strict sense cannot be said to be a matter in issue or a fact in dispute - Considering nature of suit, condition of suit property..........
Civil Procedure Code, 1908, Section 151, Order 6, Rule 17 -- Amendment of plaint - Partition suit - Inconsistent plea sought to be taken by way of amendment - Amendment if allowed will take away the right which has already accrued to defendant by virtue of pleadings - Amendment rightly declined...........
Civil Procedure Code, 1908, Order 23, Rule 1(4) -- Withdrawal of suit - Withdrawal of suit without obtaining permission for filing a fresh suit - Plaintiff is not debarred from filing a fresh suit for partition as cause of action for filing suit for partition is recurring one...........
Civil Procedure Code, 1908, Order 26, Rule 9 -- Appointment of advocate commissioner - Partition suit - Plaintiffs are aged about 80 years and 72 years respectively - They are senior citizens - Application pending before Court below for more than 9 years, which is very unreasonable and contrary to procedure contemplated under law - Petitioners have to get fruits of..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Ad interim injunction - Partition suit - Plaintiff in occupation and possession of ground floor - Restraining co-sharers from dispossessing plaintiff from ground floor - In a suit for partition, right and status of a co-sharer should be maintained - Parties to maintain status quo with regard to possession of plaintiff in..........
