Showing : 11-20 of 65 Results

PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Civil Procedure Code, 1908, Order 1, Rule 9-- Non-joinder of necessary parties - Partition suit - In the absence of necessary parties, i.e. non joining of five sisters in suit, no preliminary decree could be passed, declaring rights of plaintiff - Therefore, suit qua properties No.1, 2 fails for want of no, joinder of necessary parties...........
CALCUTTA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 47-- Execution - Partition decree - Objection by transferee pendente lite - Appellant purchased the property during pendency of suit but prior to any preliminary decree being passed therein - However, appellant took no steps to apply to be impleaded in suit - Since appellant has purchased a share of a..........
MADRAS HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 100-- Second appeal - Preliminary decree - Partition suit - Oral partition between parties already taken place as per defendant No.2 - However, no documents on record to prove factum of oral partition - Even otherwise, admission made by DW2 that there is no oral partition, is on record - Since defendant..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Partition Act, 1893, Section 4, Civil Procedure Code, 1908, Section 100-- Partition suit - Suit property jointly owned and possessed by parties - Defendant no.1 made attempt to prove on record that after collapse of house, he constructed new house, but defendant`s witnesses admitted that house was reconstructed during lifetime of their father on expenses borne jointly..........
DELHI HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 20, Rule 18-- Partition - Final decree - Shares of parties already determined with plaintiff and defendant no.1 by passing a preliminary decree - It is only with respect to 2/6th share that there is inter se dispute between defendant no.2 and defendant no.3 - Said dispute does not fall adjudication in the..........
HYDERABAD HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Order 1, Rule 10, Civil Procedure Code, 1908, Order 22, Rule 3-- Impleadment of a party - Partition suit - Death of plaintiffs after passing of preliminary decree - Proceedings do not abated due to death of plaintiffs, as hearing is already over and preliminary decree is also passed - Application to bring LRs of deceased plaintiffs need not be U.O.22.R.3 CPC..........
TRIPURA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 97-- Appeal - Partition suit - No appeal filed challenging preliminary decree, it becomes final - Aggrieved party therefore, cannot be permitted to challenge its correctness in an appeal against final decree...........
ORISSA HIGH COURT
Year of decision: 2017
Details
Civil Procedure Code, 1908, Section 10-- Stay of suit - Suit property subject matter of dispute both in partition suit and in probate proceedings - Jural relationship amongst parties inter se is finally decided in preliminary decree - Decision in probate proceeding on question of proof of Will would have a direct impact on partition suit..........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Partition suit-- In partition suit, there can be more than one preliminary decree and even after passing of one or more preliminary decree, there can be more than one final decree that can be passed, even alteration of preliminary decree can be sought...........
HYDERABAD HIGH COURT
Year of decision: 2016
Details
Partition suit-- Once there is preliminary decree and even earlier any final decree application filed and withdrawn - No bar to file fresh final decree application, as there is no limitation till passing of final decree, suit is deemed pending - Separate suit is not maintainable to work out preliminary decree -..........

Showing : 11-20 of 65 Results