Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit - Objections raised by defendant are subject matter of trial which can be determined after recording evidence of both parties - Looking to nature of suit and objections raised by defendant, trial Court not committed any illegality and jurisdictional error in dismissing application for..........
Civil Procedure Code, 1908, Section 9 -- Jurisdiction of civil Court - Partition of agricultural land - Parties jointly held 52 odd kanals of land - Stand of plaintiff is that plaint scheduled property consisting of 10 kanal and 14 marla is not agricultural land and therefore outside the scope of S.158(2)(xvii) of Punjab Land Revenue Act - Bar against civil Court to..........
Civil Procedure Code, 1908, Order 39, Rule 1, 2 -- Temporary injunction - Co-sharers - Plaintiff in exclusive possession of suit land over a period of time as such his possession cannot be disturbed otherwise than having recourse to law either by way of partition or a decree of appropriate Court - Defendants rightly restrained from interfering in possession of plaintiff..........
Specific Relief Act, 1963, Section 34, 38 -- Suit for declaration of title and permanent injunction - Suit properties were allegedly allotted to share of grandmother of plaintiff in a oral partition and she sold the suit properties in favour of plaintiff - However, if really grandmother of plaintiff was allotted such properties and she was in possession and enjoyment of..........
Civil Procedure Code, 1908, Order 1, Rule 9 -- Non-joinder of necessary parties - Partition suit - Both the branches were duly represented in suit, consequently suit property was directed to be divided in two equal parts - Suit rightly decreed and is not bad for non-joinder of necessary parties...........
Civil Procedure Code, 1908, Order 41, Rule 22 -- Cross-objections - Partition suit - Cross-objections filed by plaintiff on being aggrieved by refusal to grant any mesne profits - Parties to suit being co-owners, possession of each one of them has to be regarded as possession for and on behalf of all - No evidence to show that plaintiffs were completely excluded from..........
Specific Relief Act, 1963, Section 38 -- Permanent injunction - Co-sharers - Simpliciter suit for permanent injunction is not maintainable without bringing any suit for declaration or partition, where parties are co-sharers and plaintiff is not having absolute ownership over suit land...........
Partition suit -- Ancestral property - Great grand father of plaintiffs had died before coming into force of Hindu Succession Act - Property in question therefore, was governed under Mitakshra Law and whatever was inherited by his sons will continue to retain the character of co-parcenary property in the hands of his sons - Thereby whatever came into hands of defendant..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Partition suit on the basis of Will - Non-production of Will - Plaint cannot be rejected on the ground of non production of Will as averments of plaint are germane for deciding the application - Such issue can be examined in better way while deciding civil suit finally...........
Partition -- Not always necessary for a plaintiff in a suit for partition to seek cancellation of alienations, for the reasons viz. (a) alienees as well as the co-sharer are still entitled to sustain the alienation to the extent of the share of the co-sharer; (b) it may also be open to the alienee, in the final decree proceedings, to seek the allotment of the transferred..........
