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...........
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..........
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...........
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