Showing : 31-40 of 89 Results

HYDERABAD HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment of a party - At the stage of judgment - Permissibility - Partition suit - Suit instituted in the year 2006 - However, no explanation on behalf of petitioner as to how all of a sudden he has gained knowledge about pendency of a civil suit and all other developments that have taken..........
KARNATAKA HIGH COURT
Year of decision: 2015
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Previous suit instituted for declaration of title and injunction - Subsequent suit for partition and separate possession - Causes of action in both the suits is entirely different and subject matter involved in both suit is also quite different - Both suits are neither between same..........
BOMBAY HIGH COURT
Year of decision: 2014
Details
Hindu Succession Act, 1956, Section 6, Limitation Act, 1963, Section 3-- Devolution of interest - Suit for administration and partition of estate of deceased - Limitation - Right to sue any of heirs and LR's of deceased father would accrue on the death of father - Plaintiff applied for partition more than a decade after death of his father when he learnt that defendant..........
PUNJAB AND HARYANA HIGH COURT
Year of decision: 2014
Details
Specific Relief Act, 1963, Section 38-- Co-sharer - Permanent injunction - Plaintiff in possession of suit property as co-sharer - A co-sharer in established possession can be dispossessed only during the course of partition i.e. by due course of law - Injunction granted, as it is not case of any one that plaintiff is using the land..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2013
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleading a party - Pendente lite purchaser - Partition suit - A pendente lite purchaser should be given an opportunity to protect his rights - He is entitled to be impleaded in suit or other proceedings where his predecessor-i, interest is made a party to litigation - He is entitled to be heard..........
KARNATAKA HIGH COURT
Year of decision: 2012
Details
Hindu Succession Act, 1956, Section 11, 16, Hindu Marriage Act, 1955, Section 16-- Suit for partition - Illegitimate child - Right to property - There are materials on record to indicate that suit schedule immovable properties belonged to late "C" - Not in dispute that he had died intestate - Held, second plaintiff being his daughter would be entitled to a share in the..........
MADRAS HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Amendment of plaint after commencement of trial - Grant of permission - Validity - Held, prior to insertion of proviso clause to O.6.R.17 CPC, it was permissible for Court to allow belated amendment by compensating other side by awarding costs - But, pursuant to insertion of proviso, no..........
KERALA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Section 122, Rule of, 236- - Final decree - Engrossment on stamp paper - Procedure for - Held, a final decree in a partition suit shall be prepared on no, judicial stamp paper of requisite value - A copy of final decree shall be sent to Sub Registrar for registration - A final decree cannot be engrossed on stamp paper of..........
KERALA HIGH COURT
Year of decision: 2012
Details
Kerala Court Fees and Suits Valuation Act, 1960, Section 37(2)-- Suit for partition - Court fees - Specific averment in plaint was that plaintiff was in joint possession of suit property with other co-shares - Ouster or exclusion from possession not shown - Plaintiff not liable to pay ad valorem court fee under S.37(1) - Payment of fix Court fees under S.37(2),..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 6, Rule 17-- Partition suit - Amendment of pleadings - In a suit for partition, in the event plaintiff has included only certain properties as if they are available for partition and leave some other properties which are also available for partition, request of defendant in such event to include left out..........

Showing : 31-40 of 89 Results