Showing : 41-50 of 98 Results

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..........
BOMBAY HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 40, Rule 1-- Appointment of Court receiver - Suit for declaration and partition - Admittedly Defendant Nos.2 and 4 are using almost the entire suit property excluding the small portion of the 60 ft. desk being alleged to be used by Plaintiff No.1 and two other small portions which are in occupation of two of..........
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..........
ORISSA HIGH COURT
Year of decision: 2012
Details
Civil Procedure Code, 1908, Order 22, Rule 9-- Partition suit - Appeal therefrom - Non-substitution of widow of deceased defendant - Sons of deceased defendant No.1, who are heirs and legal representatives of defendant No.1, were already on record in appeal - They have been fighting litigation against plaintiffs - They sufficiently..........
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..........
ANDHRA PRADESH HIGH COURT
Year of decision: 2011
Details
Civil Procedure Code, 1908, Order 1, Rule 10-- Impleadment - Necessary and proper party - Petitioners pleaded that mill is the property of joint family - Preliminary decree for partition was obtained by them - 2nd respondent did not file any counter, disputing the claim made by petitioners - Allegation of petitioners that 1st respondent is..........
MADRAS HIGH COURT
Year of decision: 2011
Details
Hindu law -- Coparcenary property - Settlement made without consent of other co-parceners - Partition suit - Absence of prayer for setting aside of settlement deed - Held, one co-parcener cannot create a settlement deed with regard to the share of other co-parceners without the consent of the co-parceners - If..........

Showing : 41-50 of 98 Results