Civil Procedure Code, 1908, Order 39, Rule 2A -- Breach of injunction order - Court which granted injunction or any Court to which suit or proceeding is transferred are competent to pass appropriate order in terms of O.39.R.2A CPC...........
Civil Procedure Code, 1908, Order 18, Rule 1 -- Right to begin - Partition suit - Plaintiff claiming 1/4th share in suit property by alleging that property was acquired from joint family nucleus - Defendant however, pleaded self acquisition - Burden lies on plaintiff who asserts that there was nucleus with which the Joint family property was acquired - Plaintiff directed..........
Evidence Act, 1872, Section 50 -- Proof of relationship - Partition suit - Plaintiff claims to be daughter of owner of suit property - Evidence of witnesses who are of same village that owner of suit property had two daughters and plaintiff is one of them, is admissible - These witnesses had special means of knowledge regarding relationship of plaintiff with owner of..........
Evidence Act, 1872, Section 50 -- Proof of relationship - Partition suit - Interested witnesses - Evidence of son of plaintiff is wrongly discarded by Court that he is interested witness as on this ground evidence of a person cannot be discarded in civil cases - Moreover, so far as relationship is concerned he is the best person to say their relationship...........
Transfer of Property Act, 1882, Section 123 -- Gift deed - Validity - Genuineness or invalidity of registered gift deed cannot be examined in simple suit for partition particularly when no relief of declaration with regard to gift deed has been claimed by plaintiff - Gift deed, held, to be valid...........
Co-sharer -- Not in possession - Possession of one co-sharer is possession of other co-sharer therefore even if plaintiff was residing in her Sasural, it cannot be said that her title in suit property extinguished as she proved unity of title and unity of possession...........
Hindu Succession Act, 1956, Section 15, 16 -- Inheritance - Deceased (owner of suit property) died living behind his widow, two daughters and widow of predeceased son - Plaintiff being one of the daughter claims to have share of her mother and widow of predeceased son as they relinquished their share in her favour - No document produced by plaintiff in support of the same..........
Civil Procedure Code, 1908, Section 11 -- Res judicata - Partition suit - Suit property had already been partitioned between father of plaintiff and his brothers and they all were separated which is the findings also in earlier suit of partition - Findings by appellate Court in earlier suit will operate as res judicata in present suit - Since there had already been..........
Hindu Law -- Partition - Separate property - Partition has already been effected about 40-43 years ago - After the death of father of plaintiff her mother became absolute owner of separate property left by her father - In the capacity of an absolute owner of suit property sale deed executed by her was valid and genuine as she was possessed of property of her husband on..........
Civil Procedure Code, 1908, Order 22, Rule 4, 9 -- Non substitution of L.R's - When claim of parties with respect to suit properties is indivisible or inseparable, in that case on account of non substitution of heirs of any of the parties, the suit/appeal as a whole becomes incompetent and is liable to be dismissed...........